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@mrshulkisloislane wrote: I am not sure what to do at this point.
- Hire an attorney.
MyFico is a good place for credit & personal finance advice, not legal advice - and free legal advice is usually worth what you pay for it.
It is very hard to fight HOAs, they almost always win. I assume you filed your response to the lawsuit yourself, without any legal advice? The Motion for Summary Judgement indicates they think this is an easy win for them, so you need to file a carefully worded response with specific legal arguments why the Judge should not grant the Summary Judgement. If the Judge grants it there is no negotiation on fees or amounts, you owe it and they will collect it one way or the other which can include garnishment of wages and/or seizure of property.
If they thought filing a Collection on your Credit Report was the easier way to get you to pay what they think you owe they likely would have done it already, but if they win the Summary Judgement they may file that as a Collection on your credit report, but more likely will file to garnish wages and or seize your property. If it were me I'd be more worried about court judgements and the $4103 amount than my credit.
Good luck
Your question is a legal matter. It is not a credit related question other than if you lose will this be reported. By the way if the judge does find in the HOA's favor you can expect it to be reported on your reports.
Here is the only advice we can give you for legal matters: Get a lawyer!
On HOA matters though be aware that the fees charged are generally jacked up. Also if they are going for summary judgment you should be getting paperwork in the mail from the courthouse that you need to look through and answer. If you do not have the paperwork they are lieing. Lastly be aware that they can record your calls as evidence as well as lie about charges.
OK, here's something that occurred to me: The Judge cannot grant the Summary Judgement because it would be a form of "Double Jeopardy", being tried twice for the same crime, which is very illegal. There's probably a better legal term a good lawyer will come up with, but: They already filed two liens against your property for $1590 each. When you sell your property you have to pay those off. If the Judge grants a Summary Judgement you have to pay that, and when you sell your property you have to pay off the liens, paying the HOA twice for what they claim you owe, which is not legal.
Hire a good attorney and they can get the Motion for Summary Judgement dismissed on that basis. If you can't afford an attorney google "legal aid (your city)" for free or low cost legal representation.
He needs a lawyer quickly.
They already have a lien, so only reason for judgement is if they plan to foreclose.
Get a lawyer fast!
Hire an attorney and explain to him/her the situation. When you take this to court, your counsel will request the HOA and their attorneys to explain each line of default, when it occurred and their reasoning. The judge will decide what is owed by the defendant (you). HOA's do not like going to court because they can lose a lot of money if they are gouging their owners.
Your real estate attorney knows how to handle these situations that will save possible further litigation.
Judgements can no longer be reported to the credit bureaus. A collection agency can report if they're attempting to collect. Hire a lawyer.
@DaveInAZ wrote:OK, here's something that occurred to me: The Judge cannot grant the Summary Judgement because it would be a form of "Double Jeopardy", being tried twice for the same crime, which is very illegal.
The OP is not being charged with a crime, this is a civil case. The concept of double jeapardy only applies to criminal cases.
@FlaDude wrote:
@DaveInAZ wrote:OK, here's something that occurred to me: The Judge cannot grant the Summary Judgement because it would be a form of "Double Jeopardy", being tried twice for the same crime, which is very illegal.
The OP is not being charged with a crime, this is a civil case. The concept of double jeapardy only applies to criminal cases.
In civil cases there is similar concept, it's referred to as dismissal "with or without prejudice "
If case is dismissed without prejudice, it can easily be brought before same court again.
Cases dismissed with prejudice would need to be appealed to higher lever court.
While that's a possibility, it's usually not something done in cases with trivial monetary amounts due to high litigation costs
You need legal representation asap!
Contact your local bar associaton for a referral if you don't have an attorney.