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-   -   Legal process (https://www.askmehelpdesk.com/showthread.php?t=177979)

  • Jan 29, 2008, 08:16 AM
    needinhelp
    Legal process
    Hi, I am new to this site, but I have been reading through other peoples questions to see if they could help me with my current problem. Back in October I was served for back HOA payments to appear in court. (Which was a valid claim) but prior to that I was not given any written or verbal warning on how much my account was pass due. But since I knew this charge was valid I paid the amount of the judgement $2,995 to the HOA and didn't go to the court date. A couple weeks later I get served again for the same amount and I assumed that the HOA company didn't contact the lawyer, so I called them and left a message. No one returned my call. Yesterday I received a letter that a garnishment was placed on my bank account last week for the amount of the judgement. I was wondering isn't there a process first of notifying me of the amount of the collection prior to taking it to court and what are my options now with how I can proceed with the garnishment?
  • Jan 29, 2008, 09:21 AM
    George_1950
    needinhelp writes: "Yesterday I received a letter that a garnishment was placed on my bank account last week for the amount of the judgement. I was wondering isnt there a process first of notifying me of the amount of the collection prior to taking it to court and what are my options now with how I can proceed with the garnishment?"
    I am not familiar with 'HOA'. Read over the garnishment papers carefully; they should explain what your next step should be. Technically, where I am from, the garnishment is answered by the bank; you can file a traverse to dispute the debt. You should be able to clear this up quickly with a copy of your cancelled check, a FAX machine, and a telephone call. You didn't mention whether the $2,995 payment was in "full and complete satisfaction of the debt", or in which state you reside.
  • Jan 29, 2008, 09:24 AM
    ScottGem
    Did you appear in court to answer the initial summons? Who did you pay the amount to and how?

    You need to file a motion in court to vacate the judgement on the grounds that it was settled. Submit your proof of payment.

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