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I am currently being sued by my condo association for not…

Hello, I am currently...

Hello, I am currently being sued by my condo association for not paying association dues. in talking with the association's attorney, I agreed to sign a waiver of service. the waver was emailed to me, however, there was no notice or summons attached. I emailed the signed waiver to the attorney and to date I have only received a demand letter for payment. in that demand letter, it stated she would proceed with the foreclosure if i did not pay in full by said date. I have two question; first, should the attorney have included a copy of the summons or complaint and or the judgment of the court or a copy of the lien if one was filed when I was sent the waiver of service form? Second, since I was not provided with any of the above do I have any recourse?

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

No, I just returned the waiver of service to the attorney.

Lawyer's Assistant: Where is the condo located?

West palm beach Florida

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

Yes, was the service by the attorney improper? if it was am i required to pay the lawyersI just want to know how i should Proceed.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Thanks,

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Answered in 1 minute by:
3/27/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,937
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. The rule of civil procedure is clear, on what needs to be done and I have shared it below. If the summons and complaint were not provided, the time would not start to run, in which you have to respond and you can demand and ask them for it. Of course, if you can settle this, they may not even need to proceed and can dismiss the lawsuit.

(i) Service of Process by Mail. A defendant may accept service of process by mail.

(1) Acceptance of service of a complaint by mail does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:

(A) be in writing and be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process;

(B) be dispatched by certified mail, return receipt requested;

(C) be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) inform the defendant of the consequences of compliance and of failure to comply with the request;

(E) state the date on which the request is sent;

(F) allow the defendant 20 days from the date on which the request is received to return the waiver, or, if the address of the defendant is outside of the United States, 30 days from the date on which it is received to return the waiver; and

(G) provide the defendant with an extra copy of the notice and request, including the waiver, as well as a prepaid means of compliance in writing.

(3) If a defendant fails to comply with a request for waiver within the time provided herein, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

(4) A defendant who, before being served with process, timely returns a waiver so requested is not required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process shall be deemed effected 20 days before the time required to respond to the complaint.

(5) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in subdivision (4) above, as if a summons and complaint had been served at the time of filing the waiver, and no further proof of service shall be required.

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Customer reply replied 27 days ago
Ok, Thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 27 days ago
let me be clear, since I was not given a copy of the summon or the judgement the only recourse is the ask to be sent a copy which will cost me more charges from the attorney?

No, it should not result in that. If they filed a lawsuit and asked that you sign a waiver and failed to provide you the summons and complaint, they can not charge you additional fees as a result of their own mistake. They would simply need to send it, which should take no time or effort at all. Moreover, since you were not served by a process server, there should be no fees for that added on.

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Customer reply replied 27 days ago
in their recent demand letter, they sent a billing summary which included a fee a service and a fee for a title search.
please understand I have not received a detailed billing just a register which I had to figure out what the codes meant. this may sound petty but there was a charge for 72.00 for sending me a form letter.
i have no issue of paying the assoication past fee because I owe them. but I feel that I am being taken advantage of by their attorney.
is there any way to put a stay on any additional fees and get a detailed billing of attorneys fees currently charged?
Customer reply replied 27 days ago
as well as stopping the florclosure action

If this can be settled, you can stop the foreclosure action and you can see if they would agree on a repayment plan. Now, if the HOA incurred costs to retain legal counsel, they can demand you pay for those but in this case, if they never had to hire a process server, there is a basis to dispute and object to the service fee. A title search is common since it needs to be done prior to filing the lawsuit, so that is typically but the more work they have to do, the more fees they can add on, until this is settled.

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Customer reply replied 27 days ago
Ok, so if I understand you correctly I have only the following options:
1. Ask for a copy of the complaint/summon.
2. Respond to the demand letter with a request for a repayment plan.

Yes, if they have sent you a demand letter, you can respond and try and settle this. If you can not pay the amount owed in a lump sum, try and work out a payment plan, so that this will be dismissed and they will not proceed. If they refuse and have filed the lawsuit, you can make a demand for the summons and complaint, since you need to respond to it.

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Customer reply replied 27 days ago
Is there a time limit I have to respond to a complaint I have never seen or has the horse left the barn. Is there a way to find out if any action has been taken. For example if there is a lien on the property?
Is there a sequence of events they have to take prior to the forcloser action?

Yes, you can search your name in the clerk of court, to see if this has been filed or even just ask the attorney if they have filed already. You do have time to respond once served and it is stated within the summons and above, in the rules. If there is a lien, you can do a record search and this would be revealed. Any and all actions taken, you would know about since you would receive notice in the mail or be served.

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Customer reply replied 27 days ago
Ok thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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