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Could you run this court summon I have received to find ways

Customer Question
HiCould you run this court...
HiCould you run this court summon I have received to find ways to dismiss it or to defend myself in the trial.I not seeking defense for not knowing HOA fees. Iam seeking defense that I have paid my debt off by sending a check on Mar29th when they have informed me on March 22nd that the board has turned my request down for waiving late fee and wanted to seek legal action .They also informed me how I can pay my debt off but there was no deadline.I have the letter proof with me.But I have received the summon for accelerated assessments thro December 2017. I approached the attorney mentioned in the summon , she sent out an email that they have waited for five business days. There was no earlier mention to me in any form that I have to make payments within five days to avoid legal action. The summon states that I did not pay
the debt while they were filing affidavit and it was testified on APR13. But I had sent out a check on March 29th and I have the check image in my BOA account.I had filed a complaint in CFPB as well. The trial date is Jul 3. Please let me know i you think that I have to pay off the
amount to dismiss the case or defend it. Please let me know if you think if you can run this.
Submitted: 6 months ago.Category: Real Estate Law
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Answered in 44 minutes by:
5/11/2017
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,655
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello again,

.

There is no way for me to see any court summons you received as I don't have any access to a court website that would allow it.

.

But your defense is fairly simple... you paid the requested amount after demand was made and there was no mention of it being due within 5 days in the demand letter. Further, the complaint and affidavit are incorrect since you had paid the debt before the Apr 13 date they are stating it was due and you have proof of this with your cancelled check.

.

So I think you have a good defense to any demand that they are making for you to have to pay advance payments for HOA dues. You are just going to have to organize your evidence and then go to court on July 3 to tell your story to the judge unless you just want to settle and pay the advance dues. You would eventually be liable for the dues anyway, they are just seeking to make you pay them up front for the rest of the year..

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Hi
Thank you.
Does that mean I dont have to pay monthly HOA until Dec 2017 if I pay this .My monthly hoa is 96 dollars now, they are saying the assesment amount is 1313.44 thro December 2017.
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Yes, that is what I interpret their request to mean... you would just be paying in advance all the monthly dues that would come due between now and the end of the year.. If you have paid May already then that should be around $700 until the end of the year, so I would contact the attorney for the HOA to see if he can explain what the other $600 is for... My guess is attorney fees...

.

So it would basically boil down to whether you wanted to go to court over the attorney fees, I am guessing.

.

.

thanks

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,655
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Experience: 17 years real estate, Realtor. Landlord 26 years

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