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Being sued by HOA for late fees. I received a summons. In…

Being sued by HOA...

Being sued by HOA for late fees

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

I received a summons

Lawyer's Assistant: Where is the property located?

In Gwinnett County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that all fees were paid monthly. We don't have club house, pool or gym. Only small common area at the entrance very small area in the front and the fees are $175 per month which covers water and street lights in the subdivision of 34 townhouses.

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Answered in 21 hours by:
3/17/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,296
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation.

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Customer reply replied 1 month ago
I need to know if I can prevent this action I have all receipts for payment. What action do I take at this point

Thank you for the information. However, I need clarification.

Are you saying that you paid your fees on time, but the HOA is still suing you for late fees?

Kindly provide additional information.

Thank you for your cooperation.

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Customer reply replied 1 month ago
I made monthly payments but was not on time, however in previous years the request to collect late fees were denied by the court

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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If the late fees have been previously denied by the Court, then you need to file your answer to the lawsuit and deny that you legally owe the fees and ask the Court to dismiss lawsuit and order the HOA to pay for your Court costs. You need to provide the Court with copies of your payments. You need to also provide the Court with the docket number of the previous case that held that the HOA was not entitled to the fees and ask the Court to take judicial notice of that case in ruling in your favor.

You can obtain answer form at the Clerk's office or online if the Court makes forms available online.

You should first reach out to the Attorney of the HOA to voluntarily withdraw the case because the HOA is unlikely to prevail because of the prior ruling in the case and also provide the Attorney with copies of your payments. if the Attorney refuses, then you need to file an answer to the lawsuit. Otherwise, the HOA would obtain default Judgment against you.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,296
Experience: B.A.; M.B.A.; J.D.
Verified
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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,296
21,296 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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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).

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