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iTrader: (15)

Anyone here have any experience, going through the whole process? I would like to settle out of court, but not sure if I need to go through a mediator or straight through the company.

Thanks in advance for any advice

horse110

iTrader: (3)

I've been there a few times (I do real estate development) but can't comment much without knowing any details at all, what is the issue?

I can only tell you that a court usually has about 10-15 hearings on the same day so it's quite rushed and all parties including the judge have very limited time and opportunity to speak...

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iTrader: (15)

HOA payment...I'm looking to settle w out going through the whole court process. I've e-mailed their their attorney, and I'm just waiting on a response.

hkman78

iTrader: (7)

I got some experience in Small Claims Court and know the procedure pretty well.
Are you the plaintiff or defendant?

ttknf

If I remember to tomorrow, I have a small claims legal advice number somewhere in my desk at work; it's a free helpline.

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iTrader: (15)

I am the defendant. I was told that as long as I contact the other party's attorney to settle out of court,I should be fine. As long as I do it in writing and have for my records. The summons said I have 30 days to respond, but the clerk at the court said as long as I'm in contact with the attorney I should be ok.

That's where im at now.

hkman78

iTrader: (7)

If you settle out of court, make sure you have them sign a dismissal in exchange for your payment. You can then file the dismissal with court and keep that for your own record.

JGURU

iTrader: (3)

I'm not an attorney but it may be a good idea to consult one. In my opinion, if you are able to settle be sure to get a full and final release of all causes against you. With the litigation, be sure not to default on giving your answer even if you're still trying to settle with the HoA.

hkman78

iTrader: (7)

IMO, no need to consult an attorney when you are not even fighting it. If you are planning to pay what you owe, just exchange payment for dismissal.

Btw, there is no attorney allow in Small Claims court except for appeal. You can find out more Small Claims Court procedure and info on http://www.lasuperiorcourt.org/smallclaims/ui/

PikesPeakZ

iTrader: (12)

If you got a summons you need to file a formal response with the court regardless what the other attorney says because if you don't and they show up with no response filed from you, they could win a default judgement against you and attach wages.

You also want an order to show cause so they don't go back on anything you agree on. See if your court has a legal help center they will get you through it at no charge. Just takes time.

P.S. never take advise from a court clerk. They are not lawyers and have no idea what they're talking about when it comes to legal matters.

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iTrader: (15)

Thanks for all the advice guys! I'm meeting with some legal counselor type thursday, and will be filing a formal response.

hkman78

iTrader: (7)

With Small Claims Court, it's not necessary to file a formal response. Like I said earlier, NO attorney allowed in Small Claims Court. They cannot file a default judgment against you as long as you show up at the scheduled court date and time to defend youself. You DO need to prepare evidence to defend yourself if you intend to fight it.

OP: Good luck. Hope everything work out for you.

Waiz

iTrader: (57)

Leong dropping science!

horse110

iTrader: (3)

You don't need any type of response to a summon, you just show up with your evidence and tell the judge your side of the story. But I'd still try to settle it out of court, the judges in small claims don't really care much for either side....

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iTrader: (15)

Well,I am fully aware that I am at fault for the payment fees they are requesting, so I do not intend on fighting it. I would really just like to settle with the HOA without having to show up in court,as there hasn't been a set date.

I will also contact them directly since their attorney that filed the summons has not responded to me.

Thanks again for all of the insightful input!

I should have never let this gotten to this point. Stupid me. Lesson learned.

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iTrader: (15)

I forgot to add. The payment for dismissal that you mentioned, is it a form I file with the court,or is it something written and exchanged with the HOA?

hkman78

iTrader: (7)

Just sharing my knowledge with my fellow Z members!

+1. Small Claims court is like crap shoot. You can never predict the outcome.


Did they serve you the summon or they mail it to you? Is there a case number on the summon? With Small Claims Summon, there should be a court date and time and case number if they have filed it and serve it to you. If there is no case number, most likely they just use the summon to threat you so you would respond to them.

Dismissal is a form you get and file with court if the summon is filed. If they didnt file the summon with court, there is no need for dismissal when you make payment. But you should make sure get some kind of receipt to prove that you take care of the payment.

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iTrader: (15)

They had someone come to my door and drop it off to me. There is a case number, but on the section that says trial date, it says none set. So I'm assuming this is just a threat for me to respond, like you said Leong. It does say on the paperwork that I have 30 days to respond from the date the summon is served.

Now, I contacted the management company that handles the HOA for my complex, and they instructed me to contact the collections attorney. I have tried multiple times, and have had no luck at all with the attorney.

So this is where I'm at.

I'm gonna keep calling and emailing that bish!

hkman78

iTrader: (7)

That's strange...the way you describe it, it sounds more like a civil suit. If you want, pm me your case number and the county where the suit filed and I can look it up for you.

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iTrader: (15)

Pm sent Leong.