How can I determine the amount of a debt that I owe regarding a summary judgment?
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How can I determine the amount of a debt that I owe regarding a summary judgment?
I owe past due HOA fees but did not know amount. HOA filed suit. HOA sent an letter after summons providing amount of $1,322. I emailed a proposed pay plan of $200 now and $100 per month. Answered the summons and sent $200. HOA rep says talk to lawyers but did not return $200. Received letter from lawyers requesting I sign a consent order for $2,700 within 3 days (which include $975 attorney fees and $319 cost). If not, they will file for summary judgement.
Asked on June 24, 2011 under Bankruptcy Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Humm. The amount that the attorneys will sue for is the amount that they quoted you plus additional attorneys fees for the motion work. So it will most likely be for more than the $2,700. I would like to be able to read that letter that was sent to you from the HOA on this matter. It seems to me that they may have made an offer to settle the amount of money that you would and you accepted the offer by sending the money and the proposed payment plan. The email may or may not be enough but I think that arguing it as intent to accept and coupled with the $200 dollar payment you have a good shot despite what the rep said. I would send the attorneys a letter stating that you have settled the matter with the HOA and that they cashed your check which isevidence of the settlement. That if they pursue the matter in court you will ask for sanctions. If they do pursue it then you need to put in answering affidavit (in opposition) indicating that the HO sent an offer and you accepted and that you wish to continue your payment plan. Good luck.
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