My HOA took me to court and obtained right to possession of my unit and later a judgment...

Asked over 1 year ago - Chicago, IL

for attorney fees. The management refused to separate the attorney fees/late fees/court cost from the unpaid assessment. Although I believe that I paid off the unpaid assessment (i.e. only the attorney fees etc are unpaid), the management company brought in Sheriff to evict me. Is it legal for the HOA/management company to evict based upon outstanding legal fees? If I bring my ledger to date (i.e. balance is zero), what should I do to protect myself? Do I have to go to court to have the judgment cleared?

Thanks.

Attorney answers (4)

  1. Judy A. Goldstein

    Contributor Level 20

    Answered . If you still have unpaid fees and costs, your judgment is not paid in full. You should have hired a lawyer. Perhaps a lawyer can still help you.

  2. Joan Marie Fenstermaker

    Contributor Level 7

    Answered . Once you have satisfied (paid) the entire judgment - which likely includes attorney's fees - AND you are current with your assessments, you must file a written motion with the court asking the court to vacate the order of possession. See 735 ILCS 5/9-111.

    This answer does not constitute legal advice and does not create an attorney-client relationship. You should... more
  3. Seyed Abbas Kazerounian

    Contributor Level 15

    Answered . Yes. Contact a consumer attorney as from my experience hoa collections are overly aggressive and you may have a case

    Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt... more
  4. Carl H Starrett II

    Contributor Level 16

    Answered . In order to clear the judgment, you have to paid the entire judgment. A judgment is a court order saying that you owe the money. This includes all damages, court costs and legal fees that the court awarded as well as accrued interest.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more

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