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?
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 Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.
Chapter 7 Bankruptcy Attorney
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. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
Landlord / Tenant Lawyer
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 contact an attorney to discuss the particulars of your case.