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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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I became behind on my HOA fines and fees by roughly $2500. I

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I became behind on my HOA fines and fees by roughly $2500. I was in a repayment plan until i was part of a national lay off of nurse educators from Amgen Pharma. I notified my HOA and thought that i would be able to pay off the balance with my severance package. I grossly underestimated the tax burden and was unable to do so. I notified the law office that was acting as collection agent for my HOA, in Round Rock, Williamson County, TX. The law office is located in Austin, TX. I received an email thanking me for the update as to my financial and employment status . I was told that my account would be held until 09/10/16. It said nothing more about any action beyond that date.
I was out of town from late through late September, working on my new business as an energy broker. When i returned home on 9/24/16 there was a certified letter with notice of a default judgement against me. The document stated that i had been served at least 10 days prior. The court docket was dated 09/22/16. My young adult sons were home during the time that i was away. There was absolutely no notice of the docket setting nor request for appearance, by proxy or otherwise.
Upon my return home, however i was flooded with certified letters of the default judgement.
I have reached out to the same law office and have yet to hear back. The defaukt document sinply states that my HOA has foreclosure rights, but not an obligation.
I am not sure where to go from here. Considering writing to my state representative.
Thank you for any advice
Shona Adams (###) ###-####***@******.***
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Maverick replied 10 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 10 months ago.

Shona:

If you were never properly served with lawsuit papers than you need to file a motion to vacate the default judgment [new trial] and then file an answer. Next, you will need to go forward with a defense to this case or try to settle it. Of course, if you do not have a substantive defense, then you may want to try to settle this now. In other words, getting the default judgment vacated may buy you some time; but it may not help you avoid the inevitable. Plus, the more time this matter is tied up in court, there is a good chance that it will cause you to be on the hook for more legal fees accrued by the HOA.

Writing your state representative will not likely have any outcome here; but you can try.

This motion for new trial form and instructions may be of help to you.

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