Homeowners or CondoOwners Association Collection Activity

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What do you do if your Home Owners Association (or Condo Owners Association) has sent you to collections and the collection attorney has collected multiple times and still says there is a judgment outstanding?

There are a number of concerns that need to be addressed in this particular case. First, let’s address the proper process to appeal the alleged judgment that has been placed against you for this property. We will address why I used the term “alleged” in a moment, but for now, let’s walk through the appropriate process for appeal.

Appeal the Judgment.

The amount of time allotted to notify the court that you will be appealing is 10 days from the date of the judgment. At this time, you would be required to “perfect” the appeal. This simply means paying the appeal bond which consists of the full amount of the judgment, 6 months of interest and court filing fees in the circuit court. Understandably, these costs can add up quickly and can sometimes be a challenge to pay, especially since the court gives you only 30 days to pay the full amount with no extensions. Depending upon the amount of the judgment, 30 days to pay could be a blessing or a curse. That is why there is an option to actually get the district or the circuit court to waive the appeal bond. In order to do this, you will need to file a motion stating that you would like to waive the appeal bond. Depending upon your financial need and the viability of your appeal case, the court will decide whether or not to waive your appeal bond.

Ethical Issue

Now that we know how to appeal a judgment, let’s address whether or not there is even a judgment to appeal in this case. You mention that you have paid the HOA attorney multiple times, only to have more fees attached. You also mention that you have already paid off the judgment in March, yet the attorney tells you that he has obtained a judgment against you. There is clearly some false information here, which is why this judgment is “alleged” as I mentioned earlier. Based on the information provided, the attorney either fabricated his claim about the money due, the judgment or both. Either way, he is in violation of the Fair Debt Collections Practices Act (FDCPA). This definitely warrants an investigation.

Hire An Attorney

There are many variables to consider in this case because it has many layers. You need to consult an attorney knowledgeable on the FDCPA and review your options like the potential need to appeal and determine what may or may not even be a judgment. Either way you look at it, you have a firm case against this attorney, just on ethics alone. Hire an attorney that can help you prove it in court.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Debt Collector cashing checks early

A debt collector cashed my check early- what can I do?

The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors not deposit checks before they are scheduled to be deposited, and to give you advance notice of their being deposited (a reminder that they will). If you do a check-by-phone, they should also be getting specific permission to deposit the check.

The FDCPA also says they are not allowed to make false statements or misrepresentations to you in an effort to collect.  The statement that they would deposit the checks later was apparently false.

So what do you do if they take your 3 checks over the phone that are supposed to be for this month, next month and the month after, and deposit them all on Friday? Get the cleared checks (assuming they clear) and come see us. The fact that they did so, and the damages they caused are damages you can recover, along with your attorney fees (which is why we like this law), and court costs.

Consult a lawyer and maybe a financial planner. You need to know your rights, and how to get out of this mess. Above all, don’t play ostrich. Sticking your head in the sand and saying “I can’t see you” will not make the problem go away.

If you have been impacted by anything we mentioned here, please make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

The Problem of Debt Collectors Who Claim to Fix Your Credit

A friend of mine worked very hard to talk about the problem of debt collectors, credit reports and debt collectors.

If you have be the victim of a debt collector who has lied to you and told you that paying an old debt would improve your credit, or that they could remove the negative information, please contact us.

NO FEE IN YOUR FDCPA OR FCRA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230