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Richard - Bizlaw
Richard - Bizlaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 10600
Experience:  30 years of corporate, litigation, real estate, estate and international law
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I was served with a Complaint for failure to pay HOA dues.

Resolved Question:

I was served with a Complaint for failure to pay HOA dues. I answered and raised issues
that I now realize should have been raised in a Counterclaim not the Answer. I will surely
lose the case on the dues issue and do not want to risk losing on the other issues I raised
in my Answer Why should I have to answer interrogitories based on issues that are not
goint to be in the amended Answer?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Richard - Bizlaw replied 5 years ago.
If you raised the issues in your answer, the fact that they are put in the counterclaim in your amended answer should not alter the answers? Has your amended answer been filed? If not do you have to make a motion to do your amended answer or can you just file it?
Customer: replied 5 years ago.
Since there is NO offset of ANY kind forANY reason for failure to pay assessment dues according to HOA law, I want to make certain the claims made under the Affirmative Defense section of my Answer are not construed by the Court to be offsets; I want to remove them from my Answer and restate them in a Counterclaim. If I lose the case based on failure to pay assessment dues my other issues may be permanently dismissed by the Court With Prejudice.which I beleive means they can NEVER be raised in a court of law again.
Expert:  Richard - Bizlaw replied 5 years ago.

I understand why you want to amend your answer but that does not prevent you from answer the interrogatories on the basis that you will amend the complaint. You can make a motion for leave to amend and seek additional time to answer the interrogatories until the amended answer is filed but if the interrogatory answers are due, you need to respond and you can do so based on your anticipated amended answer. Remember you are dealing with what is called notice pleading. The basis for your counterclaim is already contained in the answer so the other side is already on notice of the claims that will constitute your counterclaim. Unless you have the agreement of the other side or approval of the court, you are obligated to answer the interrogatories when they are due.



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