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My HOA filed a lawsuit against me for non payment of HOA fees. I provided their attorney with proof that past due, current

Humble, TX |

fees and penalties had been paid. I filed an answer disputing their claim with the court. I just got a letter confirming they got a copy of my answer and also got a 'First amemded Petition. They are still demanding pmt. +additional fees. They never acknowledged receipt of my cancelled ck that proves I paid the HOA in full. What is my next step since I can not afford an attorney. I don't mine going to court if that is what it take because I have proof my HOA fees are current. I do not want them to get a judgement but I also don't have to repay $ that is already paid. Can I sue them for harrassment?

Attorney Answers 2

Posted

You could probably see if there is a claim under the Fair Debt Collection Act, which can be googled. I would also suggest that you demand from them a detailed accounting of all your payments since you started paying HOA fees, so they cna you can see what and why they are claiming it.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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Posted

HOA's are not debt collection agencies. They can legally ask their own debts to be paid. This claim may not be filed under FDCPA. Check your CC'Rs and see if you entitled to get a copy of all of your payments. I am sure you are entitled. Send them a demand letter. Also, you are entitled to get through discovery, which is a process where both parties exchange all the documents in their possession. Do not be afraid of it. Read on the Court's websites, as most of the websites have all the info to help in proper clients like you. Generally speaking, all the fines have to be commensurate with the violations, and the fines and penalties have to be reasonable. Hire an attorney if you can if you have strong legal merits. THE HOA is the one who is spending big bucks. not you, so slow down and let them foot more money. Eventually, they would get tired. Also, find out if they had not violated any provision regarding "Notice and Hearing". I am not sure about your laws but most of these fines cannot be imposed by HOA and their board, if the directors themselves are not current on their own assessment. Find out if that is the case, ask them they should send you all the record. Make sure you send this request through the opposing counsel because probably you cannot talk to HOA directly at this stage. Most of these directors have no experience and are mere puppet and playing in the hands of HOA management, who are seasoned in all kinds of palace intrigues and master of manipulation.

Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney

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