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Kicked when down..HOA filed suit.

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Kicked when down..HOA filed suit.

Long story short we messed up, got behind on some accounts, etc. 
The last year we have worked to satisfy all outstanding debt and had one issue left, unpaid HOA dues. This morning we were served a small claims suit filed on behalf of our HOA. It was like a punch in the face, but we owe it. 
I have no clue where to go from here and need all the advice please. I can not fight as hard as we have fought to lose my house over $300 (before fees/interest/cost). Side note we barely have what it will take to pay this off, I don’t have money for an attorney too. 
I know I have to answer this summons within 14 days. 

There is an answer form attached that we can choose ABCD.
A and D don’t apply.
B- I admit everything in the claim and do not want a trial. (This means that you consent to a judgement for the amount claimed plus court cost.)
C- I admit I owe some money, but not the total claimed by the plaintiff. If this box is checked, the case will be set for trial.
 
Honestly I don’t know how they got the total.  But I am not one bit interested in going to a trial. I don’t want to check B and end up with a judgement in our credit which derails all we have worked on the last year. And a garnishment would result in me losing my job which would be catastrophic. 
 
I contacted the HOA directly today but didn’t get a response.
 
Please share any advice you have. Are we totally screwed? Should we file bankruptcy to protect our house (after getting everything else caught up I would be devastated to have to do that).
 
 
Please no bashing on us getting ourselves here. I am well aware and very thankful to be in a much better mental space than I was in the past to be able to even handle this. 
 
Thank you for any and all guidance. 
Message 1 of 6
5 REPLIES 5
Established Contributor

Re: Kicked when down..HOA filed suit.


@Ontrack2019 wrote:

Long story short we messed up, got behind on some accounts, etc. 

The last year we have worked to satisfy all outstanding debt and had one issue left, unpaid HOA dues. This morning we were served a small claims suit filed on behalf of our HOA. It was like a punch in the face, but we owe it. 

I have no clue where to go from here and need all the advice please. I can not fight as hard as we have fought to lose my house over $300 (before fees/interest/cost). Side note we barely have what it will take to pay this off, I don’t have money for an attorney too. 

I know I have to answer this summons within 14 days. 

Answer! Do not let a default judgement go against you! Save $20, take it to court and plead your case to the judge in writing and in person explaining how bad it was and all the progress you have made. Provide whatever proof you have of the progress you have made to show judge.

$175 balance 🙄

$100 lien file fee

$30 filing fee 

 Letter says $611.95 for unpaid HOA fees (I don’t know where other $306.95 came from.)

Also claims we owe $60 court cost, $106.53 for interest and $183.59 for HOAs attorney fees. 

So potentially $962.07

There is an answer form attached that we can choose ABCD.

A and D don’t apply.

B- I admit everything in the claim and do not want a trial. (This means that you consent to a judgement for the amount claimed plus court cost.)

C- I admit I owe some money, but not the total claimed by the plaintiff. If this box is checked, the case will be set for trial.

If nothing else, Option C provides you more time to raise money.

Honestly I don’t know how they got the $611.96 total.  But I am not one bit interested in going to a trial. I don’t want to check B and end up with a judgement in our credit which derails all we have worked on the last year. And a garnishment would result in me losing my job which would be catastrophic. 

 

I contacted the HOA directly today but didn’t get a response.

 

Please share any advice you have. Are we totally screwed? Should we file bankruptcy to protect our house (after getting everything else caught up I would be devastated to have to do that).

You are not screwed. You just have to keep doing what you have been doing.

 

Please no bashing on us getting ourselves here. I am well aware and very thankful to be in a much better mental space than I was in the past to be able to even handle this. 

 

Thank you for any and all guidance. 


Do not give up. The HOA "attorney" is going to try to prey on you and the hall monitor HOA President wants you gone.

 

More info on your current mortgage situation might provide more options. A small claims court will not reward your house, or a lien above they actual amount, to the HOA. At worse, a lien will be placed on your house at the end of the line of any other claims to it.

 

If possible, going late on your house again may be an option, something worth talking to your mortgage provider about. 

 

You also need to really be honest with yourself and determine if you can really afford to stay in the home. If you can't, selling the home before anything more adverse happens may be your best bet.

 

I was in your shoes in 2008. I understand.  Feel free to private message me.

 

Good luck



“If you don’t know, the thing to do is not to get scared, but to learn.” – Ayn Rand
Message 2 of 6
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Established Member

Re: Kicked when down..HOA filed suit.

Thank you for responding.

Our mortgage payment is current and we can afford it. We have talked about selling in the future but always come back to really liking our low mortgage payment. So that’s all on the up and up.

All charge offs, etc have been paid and we are current on everything, except this.

We are making it. We just don’t have a lot left over and savings is limited for a lump sum payment. 

 

What at do you mean by going late on the house agin? Go late on it and use that$ $ to pay this? I can pay what they are asking tomorrow. I just want to be sure it goes away and nothing hits our credit or anything else outstanding. 

Message 3 of 6
Established Contributor

Re: Kicked when down..HOA filed suit.


@Ontrack2019 wrote:

What at do you mean by going late on the house agin? Go late on it and use that$ $ to pay this? I can pay what they are asking tomorrow. I just want to be sure it goes away and nothing hits our credit or anything else outstanding. 


Do it, but let your mortgage company know. As long as you don't let the mortgage go actually 30 days late and let them know you are going to catch it up, they are likely to work with you. They, unlike your HOA, are on your side.

 



“If you don’t know, the thing to do is not to get scared, but to learn.” – Ayn Rand
Message 4 of 6
Contributor

Re: Kicked when down..HOA filed suit.

So this same thing happened to my mom. We we had no clue she was behind until I went over and found the notice on the door. I took charge and called the HOA. They worked with us and set us up I a repayment plan to get it current. It maybe worth a phone call Monday morning. We had to pay the extra fees also but it was included in the repayment plan and she was wayyyy behind. She had been battled cancer back to back and things had just fallen to the wayside. She’s back on track and was able to keep her home. I say give them a call.
Message 5 of 6

Re: Kicked when down..HOA filed suit.

This is why I even hate the concept of HOA's.  (Mod cut-such is not allowed here on myFico-please refer to our TOS)

Message 6 of 6
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