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    mysummons2008's Avatar
    mysummons2008 Posts: 2, Reputation: 1
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    #1

    Sep 11, 2008, 06:28 PM
    Homeowners Association issued Summons should I just pay?
    I received a summons from the Homeowner's Association for back dues (partial 2006 and for 2007). I was underemployed for most of 2007 and just didn't have the money, I still don't. I will have to skip a mortgage payment to pay them. Since I know that I do owe at least most of the amount requested in the summons should I just send the law firm a check? Or should I ask for a line item invoice detailing the exact amounts owed and for what?

    Also... what happens if I pay without going to the courthouse to answer the summons. I figure since I signed the homeowners association agreement that I am already on the losing end and should just send a check. What happens if I do this? SHould I send personal check or cashiers check?

    I just started a new full time job that requires a lot of traveling and I don't want to request off work to go to the courthouse to respond to a complaint that is probably valid considering late fees being added. I don't think the judge will accept I didn't have the money, still don't have the money and may end up in foreclosure trying to pay dues to an association that probably really don't need the money right now.

    One more thing, should I consult a lawyer? I don't have money for lawyer fees either but I just need to get this over with and put my house up for sale. No more homeowner associations for me! I quit!!

    Please help! I think I only have 12 days left. The summons is stamped the 3rd of Sept and that I have 30 days to respond but I keep seeing people responding saying we really only have 20 days.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Sep 11, 2008, 06:36 PM
    Call the office of the attorney listed on the summons. Tell them that you'd like to settle this matter since it's difficult for you to appear in court. Ask them how much you would need to pay them to settle it. After you agree on an amount with them, send them a check along with a letter by certified mail, return receipt requested. In the letter tell them that the check is enclosed in settlement of the matter as agreed. Send a copy of the letter and the check to the court. Make sure that your letter includes the docket number or filing number of the case that's shown on the summons. In the letter also ask the attorney to contact the court and inform them that the matter is settled.
    mysummons2008's Avatar
    mysummons2008 Posts: 2, Reputation: 1
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    #3

    Sep 11, 2008, 07:17 PM
    Can I trust the attorneys office to notify the courts that the matter has been resolved? What happens if the attorneys office doesn't close the suit with the courts?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Sep 11, 2008, 07:25 PM
    Quote Originally Posted by mysummons2008
    Can I trust the attorneys office to notify the courts that the matter has been resolved? What happens if the attorneys office doesn't close the suit with the courts?
    You can probably trust them to call the court and have it marked "settled". But just in case you can't trust them, that's why you'll be sending a copy of your settlement letter and check to the court.

    A few days after you've sent the letter to the court you can call the clerk to confirm that the case has been dismissed. If it hasn't then you get back in touch with the attorney.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Sep 12, 2008, 03:04 PM
    Like Lisa said, most attorneys will honor your check and inform the court that the case has been settled, BUT it would definitely be worth the extra postage to send a copy of your letter and cashier's check to the Clerk of Court and to check back in a few days to see if the case was dismissed.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #6

    Sep 12, 2008, 06:40 PM
    Pay it as soon as you possibly can. If you don't settle it now it can only get worse. They can probably put a lien on your home if it is not paid.
    I hope your new job works out OK.
    But I have never seen an HOA from which you could quit. You will probably have them to deal with as long as you live in that house.
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