Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

In small claims court, through mediation, we agreed to pay

Customer Question
$5,000 to our HOA in...
In small claims court, through mediation, we agreed to pay $5,000 to our HOA in Ca. in payments of $118 per month. We have completed making the payments and now they have sent us a letter saying they want the additional $3,000 that they say we owe them.It has been over 4 years since we went to small claims court and mediated. Is there a SOL on how long they can pursue us for money? We lost the home to forclosure in 2010.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 9 minutes by:
4/12/2016
Real Estate Lawyer: socallegalwork, Lawyer replied 1 year ago
socallegalwork
Category: Real Estate Law
Satisfied Customers: 144
Experience: Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
Verified
Hello. I believe I can assist you. When you settled the case, there should have been a written settlement agreement (or perhaps iot was stated on the record in court) wherein it set forth the payments you were to make and provided that your obligation on the debt was satisfied once the agreed payments totaling $5,000 has been made.Was there an agreement in writing? Do they say what the basis is for asking for the additional $3,000?As for the statute of limitations, the SOL for a breach of written contract (which what the HOA arrangement is) is 4 years. However, once a party sues and obtains a judgment, that judgment is good for 10 years. Was there any judgment entered (perhaps a stipulated judgment as part of the settlement? If so, was the judgment for $5,000 or $8,000?
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
What we have from the court is a stipulation for entry of judgement small claims. It says we owe them $5,150 to be paid in monthly installments of $116/mo with a payment of $1000 up front. There were considerable fees included in this such as 10% interest and late fees, etc. We have paid that off and now they recently sent us a letter stating that we owe them an additional $3,125.12 as a balance on our account which they couldn't ask for in small claims court because the limit is $5,000.
Customer reply replied 1 year ago
We are still living in the same HOA complex, however, as renters now. I feel they are targeting us because we still live here in the community and we are easy targets. My question is can they take us to small claims court again for the additional money that they didn't get the first round?
Real Estate Lawyer: socallegalwork, Lawyer replied 1 year ago
Okay. First, I would look at the language of the settlement papers (the stipulation and anything else signed by the parties) and see if includes language expressly stating that this settlement includes all past, existing and future claims between the parties. If the language is written in such as way as to allow them (or at least not explicitly prevent them) to go after this extra $3,000, then you need to look at the SOL (which will toll from the date of breach or the last HOA payment you made- whichever is later) and see if they can still sue in light of the 4 year SOL. The one potential issue I see here is that they might argue the SOL actually tolls from your last settlement payment. However, given the context, I think this would be a difficult argument for them to make. Bot***** *****ne- I think it comes down to whether the stipulated settlement prevents them in writing from pursuing this claim and, if not, whether the SOL has run. If they pursue it in court you should consult an attorney. Because the suit might also be barred under the the principle of res judicata (basically it means that a matter that has been adjudicated by a competent court may not be pursued further by the same parties). Depending on what was claimed in the small claims complaint, they might be barred from pursuing these additional damages. Good luck to you!
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
Thank-you for that information, however I am still in a quandry. Our Stipulation is 1 page and doesn't mention anything about future or past payments, only what we needed to pay monthly , the amount and when it had to be paid by. It does say "if no dismissal is filed or judgement entered by Feb 1, 2015, this case will be dismissed with prejudice". I am not sure what that means. An attorney will cost us as much as the amount they want, which is why I went online to you. Do you know if I can go to the court and find out exactly what the stipulation says? I wasn't at court that day, my husband went because I had to work so I am not exactly sure what happened. Thank you for any additional info. I am thinking maybe the HOA is trying to get any money they can, from anywhere.
Real Estate Lawyer: socallegalwork, Lawyer replied 1 year ago
The court file is public. You should be able to go to the civil clerk court at the courthouse and ask to look at the file. The stipulation would be the most important thing you look at unless something was put on the record in court. It sounds like the stipulation does not have the kind of language I was asking about.You can hold the position that they cannot come after you for the additional money, tell them the issue has already been resolved and ask them to advise you in writing of their position/ rationale for asking for this additional money. They may be just trying to shake you down for more money.
Ask Your Own Real Estate Law Question
Ask socallegalwork Your Own Question
socallegalwork
socallegalwork
socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 144
144 Satisfied Customers
Experience: Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.

socallegalwork is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My HOA is in Florida. We had roof damage from Irma. We got
My HOA is in Florida. We had roof damage from Irma. We got together and voted to get more information before moving ahead with selecting a contractor to fix the roof. The Head of the HOA, later, sent … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &
My HOA provided of Chart of Responsibilities, between HOA & Unit Owners. However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) cause… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
My condo HOA said my former tenant damaged elevator around
My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo boar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,545 satisfied customers
Florida HOA. Are HOAs still able to enter properties because
Florida HOA. Are HOAs still able to enter properties because their covenants say so, or are they getting trespass warnings?. I was told they are not allowing associations to simply enter property to s… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,545 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
298 satisfied customers
Florida HOA. I live in an HOA under Ch 720. I know there is
Florida HOA. I live in an HOA under Ch 720. I know there is a Noticed of Intent requirement under condo law, Ch 718 for owners running for the Board. There is no such requirement to my knowledge under… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,263 satisfied customers
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Do HOAs have to have a Covenants Committee? If yes, do HOA
Do HOAs have to have a Covenants Committee? If yes, do HOA statutes dictate the composition of such a committee? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just had a property damage loss in my condo. The HOA is on
I just had a property damage loss in my condo. The HOA is on the hook for the majority of the claim. My personal insurance co paid the deductible. Since I am not the insured, the HOA is, what leverage… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am having a dispute with my HOA over termite damage. I
I am having a dispute with my HOA over termite damage. I have spoke to an attorney who will write a demand letter but I don't have enough money to pursue it further if the HOA doesn't comply. Would th… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
I live in HOA community. The landscaping company damaged my
I live in HOA community. The landscaping company damaged my accordion shutter. Who is responsible for the damages … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Tree from HOA fell in our yard from a storm and damaged the
tree from HOA fell in our yard from a storm and damaged the fence...... … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x