This doesn't seem legal

[mediakat]

What is the name of your state?What is the name of your state?What is the name of your state? IL

I am currently at odds with the managment co. that manages our condo associtation.
I had some finacial troubles paying the $200 assessment fee.
The issue is, they don't even contact me, No letter saying we are going to take other steps (collection agency, attorney) etc.
Next thing I know their "attorney" contacts me with collection letter and informs me I owe them $90 for writing the letter. Every time they write me a letter (the "attorney") it says I owe them another $50 for writing that letter

So, I go down to the manamaent company and "pay in full" for everything that it says i owe on their system, but 30 days later the "attorney" has sent them another bill (for a letter sent before i paid), wich of course they don't send to me, they have the "attorney" send me another letter saying I haven't paid completly and still owe $90, this new letter is billed at $50. I have now paid hundreds is "attorney fees"

Here are my questions.
1.Is their not a process a business must take before sending to collections (or an "attonery" that is basically a collection agent with the abilty to legally say "attorney")? I.E telling you they are sending you to an attorney and giving you a response time. or providing even a letter or phone call telling you it is late.

2. I had thought it was illegal for a collection agent to charge you for the process of simply contacting you, this does not apply to the "attorney"? One that's only communication with me is via letters they charge me $50 for.

3. Collection fees I know about, but are they able to charge me as desired for their own attonery fees. Isn;t this something to be awarded by a judge. So if I was upset at you and you owed me money, I could hire an attorney and start invoicing you for his services, then report agaisnt your credit when you didn't pay up. That doesn't seem legal.

[Debt Guy]

I think the answer is going to depend on the laws in your state.

You should read the bylaws of the Association and whatever agreements you have with them. Probably there is some sort of language saying that you will pay "reasonable attorneys fees for collection of any amounts in default". If that language is in the agreement and it is applied consistently, then you will have a real uphill battle on this -- unless such agreements are forbidden by the laws of your state.

I am not aware of any federal statue that would govern in this situation. You could perhaps argue that the attorney is a collector under the FDCPA and failed to provide the proper notices, etc. But even that will hinge on how much of the attorney's business is "collecting debts from consumers".

Your most likely recourse will be to bring a civil action against the Association. You can probably file in Small Claims Court. You will need to convince yourself it is worth the effort and cost.