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We are a property management firm. An HOA for a community…

Customer Question
We are a property...

We are a property management firm. An HOA for a community where we own a home had an attorney contact us and ask for several years of dues. We had no idea they existed. We agreed to pay the dues. They also want $588.75 in interest and attorney fees. They refuse to accept the dues. They have sent a service indicating they will file suit in Superior Court Fayetteville GA. What do you suggest we do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No.

Lawyer's Assistant: Have you talked to a Georgia lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Thank you.

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
12/21/2017
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,378
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
What do you suggest we do?
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for your patience. My recommendation would be to try to settle with them, but if that doesn't work or if want they want is too high, then you can wait until they make good on their threat to sue. If you had no idea that these fees exhausted and they did not tell you, then you can always defend on the grounds that you a) complied with most of the contract; b) that they failed to disclose important information like past due fees; and c) that you attempted to tender payment, but they wouldn't budge (this is why it's important to consider making them an offer). Otherwise, without a court order, you don't have to do anything at all.

What other questions did you have for me regarding this?

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Customer reply replied 2 months ago
Do I have to answer the attached summons or just send a letter to the lawyer telling them we dispute the charges?
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for sending this. I see that they have already made a complaint through the courts. Ok, so generally, you are going to need to respond to this lawsuit with your own answer. In most cases, I usually recommend simply denying everything and then trying to work out a settlement for the remaining amount. If you click here, you can download a template answer to a lawsuit by a creditor for just $10 and it has a bunch of defenses that may be helpful and buy you some time to figure out your next step. I'm very sorry about this. What other questions did you have for me regarding this?

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hi, just checking in. Did you have any other questions for me regarding this? If not, were you satisfied with your service today?

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,378
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