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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1453
Experience:  Attorney at Law Office of KJLLAW
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I owe our homeowners associates dues and fees and 2014. Do

Customer Question

I owe our homeowners associates dues and fees for 2013 and 2014. Do to economic conditions I could not pay them when they were due. I've lived in this community for 22 years and all dues and fees have been paid, even for the years 2015 and 2016. My principle income at this time is social security. The homeowners association (KWHOA) hired an attorney to collect unpaid dues. I contacted the attorneys in October , 2014 to try and work a settlement. The amount owed KWHOA was approximately $650.00, including dues and fees. The attorney stated that I owed $1327.01, which included their fees. I told in writing that their fees were excessive and that the most I could pay to settle the case was $700.00. I did not get a response back (over 2 weeks) to the $700.00 offer, so I sent them a check for the $700.00. After about a month, they returned my check saying the offer was rejected. In April, 2016 I was served with a summons concerning the debt. I responded to their documents and a bench trail was set for July 20, 2016. I called the court a few days before the bench and found out it had been cancelled by the Plaintiff. This week, I received documents from KWHOA attorneys for a summary judgement in excess of $3600.00. I've haven't dealt with attorneys like this who refuse to negotiate something reasonable. I can't afford an attorney and am looking for some advice.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 year ago.
Good morning. It sounds like the plaintiff's attorney obtained a default judgment against you. At this point you first have to have the court vacate the default judgment against you. You have to go down to the court and explain to the clerk what happened and ask for a new court date.
Expert:  KJL LAW replied 1 year ago.
Once they give you s court date, the judge will decide the merits of the case and many times forces s settlement. But until you vacate the default against you, they have a valid judgment which will be a lien on the property.