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Richard, Attorney
Category: Legal
Satisfied Customers: 55595
Experience:  Attorney with 29 years of experience.
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I owed my Hoa $367 on my home. I began makin payments as

Customer Question

I owed my Hoa $367 on my home. I began makin payments as agreed and they inadvertenly missed seeing the payments on line an got a lien on my home. That cost me about $1200 for lawyers fees to the association.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: not sure what you mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Richard replied 8 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

Yes, you absolutely have recourse here. It's the HOA that is the cause of you being charged this $1200 and so it's the HOA that needs to pay it. If they won't do so voluntarily, raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and demand they pay this bill. Inform them if they don't not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as breach of contract and negligence causes of action but also as a gross negligence, cause of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. Also, inform them that if they file any negative credit report, you will be adding a cause of action for defamation. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will resolve this to your satisfaction without a hearing rather than risk punitive damages and the time and expense of defending a suit they are sure to lose.

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