HOA Fees

[studenthelp]

Last year we failed to pay for our homeowners association fee, We knew that this was an outstanding balance and we were hoping the fee could be paid at the end of this year. Well in Nov. we received a document stating that we were being sued. due to none payment. when i contacted the lawfirm I was told that in sep. a letter was sent to us requesting the fee be paid along with extra lawyer fees . well that letter was never received by us. and then they said that since oct. they keept coming to my home to attempt delivery of sued notice and no one was ever home to receive notice. When I finally received notice signed for it at the time of delivery. I contacted law office and was told that we could settle the fees of 3000 out of court. Problem is that my husband was out of a job ( he recently started working end of last week of dec 11. And well I am still job hunting.) They have asked we start paying on dec 23 for the first payment. Problem is that We currently dont have the funds to pay them now. I need advice should I just go to court and work out a payment or settlement in court. Or is the best way to talk to the law firm and attempt a different first payment agreement?

 

[jharris352]

$3000? Do you live in a million dollar home? As I understand it you have missed One year of HOA dues. How much could that possibly be? Even if you are sued the attorney can only charge "reasonable" attorney fees. If your HOA fees are under $1500 the court would never allow enough attorney fees to make $3000. Further, if they don't sue, they likely can not charge attorney fees (though many contracts allow for a 20% admin fee or something). Your collection fees should not be more than 20-25 percent of the original unpaid bill.

Negotiate, don't just pay what they want you to pay. A judgment wont kill you or cause you to lose your home. If you are both unemployed they can not garnish your wages. Use that to your advantage.