Small Claims He said/She said legal question | TigerDroppings.com

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Vlad The Inhaler
Colorado State Fan
Moose Jaw, SK
Member since Sep 2008
3146 posts

Small Claims He said/She said legal question



I got a letter today saying my HOA dues for the year were not paid and I owe $200 on top of what they were bc they were never received.

I dropped a check in the mail in January and never thought about it again. Apparently check was never cashed. The damn dues were $450 and they seem to arbitrarily apply a $100 late fee plus another $100 in legal fees--letter was from an attorney.

Do I have any recourse here? I'll gladly pay the thing, but want to tell them to GTFU regarding the $200 in fees.







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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
42476 posts

re: Small Claims He said/She said legal question


I'll be happy to advise you but you're going to have to pay for my services.

Would you ask the dentist for a free filling? Why are you asking me for free legal advice?






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LSUGrrrl
LSU Fan
Frisco, TX
Member since Jul 2007
6309 posts

re: Small Claims He said/She said legal question


Can you prove that you mailed the funds in January? If not, pay up.





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Vlad The Inhaler
Colorado State Fan
Moose Jaw, SK
Member since Sep 2008
3146 posts

re: Small Claims He said/She said legal question


quote:

I'll be happy to advise you but you're going to have to pay for my services.


Deal. Check's in the mail.






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Vlad The Inhaler
Colorado State Fan
Moose Jaw, SK
Member since Sep 2008
3146 posts

re: Small Claims He said/She said legal question


quote:

Can you prove that you mailed the funds in January? If not, pay up.


I don't think so. I have a detached form and a break in my check numbers?

It never lists the penalty for a late fee. I even looked at my closing docs.







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Draconian Sanctions
LSU Fan
2011 SECr Hall of Flame Inductee
Member since Oct 2008
42476 posts

re: Small Claims He said/She said legal question


Don't send a check. For a small claim of only $200 I would help you in exchange for a Plucker's Gift Card of say $35.





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ksayetiger
Wisconsin Fan
Centenary Gents
Member since Jul 2007
39678 posts

re: Small Claims He said/She said legal question


I would move





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LSUGrrrl
LSU Fan
Frisco, TX
Member since Jul 2007
6309 posts

re: Small Claims He said/She said legal question


Is this the 1st notice you've been given that you were overdue?





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TigerStripes06
LSU Fan
SWLA
Member since Sep 2006
25409 posts
 Online 

re: Small Claims He said/She said legal question


I'd send them what you owed them originally and tell them to get bent. It's not your fault they brought their attorney into it without contacting you first.





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sheek
LSU Fan
Austin Texas
Member since Sep 2007
36851 posts

re: Small Claims He said/She said legal question


If the check was never cashed you at least should have held yourself accountable and reached out to your HoA about why they didn't cash the check.. Checks today unlike years past clear an account within 2 days of deposit. I am not an attorney but I would think that would be one of the first questions the judge would ask you .

in order to get out of the late fees, you would probably need proof that you mailed it like mailing it certified or a acknowledged receipt. Anything important like that shite i always pay little extra for proof of receipt especially the petty arse HoA which are ran by people who have nothing better to do but bitch about violations and dues



This post was edited on 5/11 at 6:39 pm


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EA6B
Navy Fan
TX
Member since Dec 2012
1586 posts

re: Small Claims He said/She said legal question


quote:

I'd send them what you owed them originally and tell them to get bent. It's not your fault they brought their attorney into it without contacting you first.


Which will work great until it is time for them to sell and they find a lien on the house from the HOA for the past due fees.






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jsb29
Auburn Fan
Dothan, AL
Member since Apr 2011
612 posts

re: Small Claims He said/She said legal question


This is one of many reasons I will never live in a neighborhood with a HOA. No way in hell I'm gonna pay someone to tell me how to live, especially not the neighborhood bittys that get together and gossip every week.





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shutterspeed
LSU Fan
My new Texas adventure
Member since May 2007
35396 posts

re: Small Claims He said/She said legal question


This wouldn't have happened had you won an immunity challenge.





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Eureeka181
LSU Fan
BR Bitch!
Member since Jan 2009
1668 posts
 Online 

re: Small Claims He said/She said legal question


If this is the first time you have received notice, I would just call the attorney who signed the letter, tell him what happened, and say you would gladly pay the original amount you owed but not the fees. You will probably at least have to pay the late fee, but you may be able to get out of the "legal fee."





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MikeBRLA
LSU Fan
Baton Rouge
Member since Jun 2005
9352 posts

re: Small Claims He said/She said legal question


quote:

If this is the first time you have received notice, I would just call the attorney who signed the letter, tell him what happened, and say you would gladly pay the original amount you owed but not the fees. You will probably at least have to pay the late fee, but you may be able to get out of the "legal fee."



So your suggestion is to take up more of the attorney's time and expect to pay less legal fees?






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mach316
LSU Fan
Jonesboro, AR
Member since Jul 2012
1786 posts

re: Small Claims He said/She said legal question


Enjoy living in a trailer park





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Eureeka181
LSU Fan
BR Bitch!
Member since Jan 2009
1668 posts
 Online 

re: Small Claims He said/She said legal question


Yes. That is my advice. Deal with it.





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RogerTheShrubber
LSU Fan
Juneau, AK
Member since Jan 2009
94309 posts
 Online 

re: Small Claims He said/She said legal question


quote:

Enjoy living in a trailer park



Yep, that's the only two choices.






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jamboybarry
LSU Fan
I Putt Out
Member since Feb 2011
11677 posts

re: Small Claims He said/She said legal question


My professional opinion:

Burn house down
File insurance claim
Buy gas with proceeds
Burn down HOA board's houses
???
Profit






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CarpeDiem
LSU Fan
Member since Dec 2011
436 posts

re: Small Claims He said/She said legal question


Read the recorded neighborhood by laws/restrictions.





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