If I am being sued by my HOA for alleged outstanding debt but I don’t owe them and can prove it, will they have to pay my attorney?

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If I am being sued by my HOA for alleged outstanding debt but I don’t owe them and can prove it, will they have to pay my attorney?

Asked on February 22, 2012 under Bankruptcy Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the HOA is obligated to pay your attorney's fees for successfully defending a claim for outstanding debt owed depends upon whether or not your state has a statute allowing for the award of attorney's fees concerning your situation or if the recorded covenants, conditions & restrictions for the home you have allows such to the prevailing party.

I suggest that you consult with your attorney assuming you have one about the prevailing party in your dispute being entitled to attorney's fees under the facts and circumstances that you are writing about.


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