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Hi, I was just recently notified by the Denver County Courts

Hi, I was just recently notified...
Hi,

I was just recently notified by the Denver County Courts that my house has been placed under receivership by my HOA. I was never notified before the date, nor being able to appear before the judge to state my case and show erroneous charges. I belive the HOA's attorney is supposed to contact me, serve me papers or something before they can do this so I can have a fair court trial?

Because this was never done, and I have proof that they haven't contacted me (USPS forwarding address changed in March of this year, judgment was in June and if any certified mail had been sent, it would have been forwarded to me), can I file an appeal?

I also know the appeal process is extremely difficult and expensive. I have to file the appeal today, just found out it's 14 days instead of 21 days. Is this grounds for an appeal? And if it's not a "slam-dunk" win, can I then sue them in court to get back the money?

Thank you for your time!
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Answered in 17 minutes by:
7/12/2013
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are you able to retain a CO attorney to represent you in this matter? You were never personally served in the suit?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

Hi,


 


I actually don't know of any lawyers who are HOA qualified, but I am looking. I've reached out to about four law firms, but not pursued after I received no initial response.


 


I was never served in the suit. The entirety of the balance is late fees and interest for a fine that I honestly never remember seeing a letter for (apparently their policy is one contact, and that's it).


 


They've already been taking out additional money on a monthly basis (on top of the directly debited HOA assessment fees) as well, which means I've paid over $800 to them (which already covers any fines, apparently totaling $650), so the balance is literally compounded interest and late fees (plus apparently a lien they put on my house last year).


 


Thank you!


Cynthia


 


 

I see. Thank you for clarifying the situation, Cynthia.

Dues Process and the Rules of Procedure typically requires that the defendant in a suit be personally served with the summons and complaint so they have a reasonable opportunity to respond and defend in the case.

Since this did not occur in your case, you can typically file a motion with the court to set aside the judgment/order or vacate it for lack of service and due process. An appeal is not typically necessary under these circumstances, which is good news for you since it is much less costly to pursue a motion to set aside than an appeal.

But you should retain a local attorney where the case is pending, a real estate law attorney who handles HOA litigation, not just transactional work. Here is a link to the Denver Bar Association's website to obtain attorney referrals if you need one:

http://www.denbar.org/index.cfm/ID/1113/dba/Find-a-Lawyer/

Once the order is set aside, then you can typically appear and defend in the suit and a separate suit against the HOA would not be necessary.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified
Tina and 87 other Real Estate Law Specialists are ready to help you
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Hello again Cynthia,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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