Need help for a lawsuit by surprise, what should I do next? how to protect myself?

[raycchen]

What is the name of your state (only U.S. law)? Washington State

I live in Washington state king county. I just received a lawsuit by surprise that my HOA is suing me.

Last year, I bought an investment house. Shortly after closing, I emailed the home owner association manager to introduce myself as the new owner of the property and give her my mailing address, email, and phone number. I specifically mentioned to her to mail the HOA bill to my mailing address. She replied and confirmed that she submitted and had request to update my information to their system. This email exchange record is still in my email box.

One year later, just one week ago, my tenant called me telling me that there were some people showing in front of the door with some legal documents against me. He did not accept the document as he didn’t want to get into trouble.

At that time, I couldn't think any possibility and thought it was a scam. I even told my tenant to call police if they come back again.

At the same time, I wanted to make sure there’s no real case, I searched on the King County court website and surprisingly found out I got sued by my home owner association!!

It was a big shock. I immediately called and emailed the association manager whom I contacted before to understand what happened. She was not in the office to respond but later she replied in email saying she couldn’t speak to me because the account is in collections and wanted me to talk to the attorney who filed the case.

I have no problem to pay the HOA dues at all but I never received any letters or invoices from the associate management. My association never communicates with me. I asked my tenant. He said he never saw any bill or letter for me. Now how can I protect myself and reduce the damage to the minimum. Should I contact that attorney who filed the case?

The case was filed one week ago. I have not served yet since I have not received any paper or letter. What should I do now?

What is the process of this lawsuit? What should I do from here to protect myself (for other's fault)? should I hire an attorney? Should I go to the court to explain to the judge? It seems a small thing - the manager didn't update their info and I became the victim. What will be the possible outcome?

Your advice is much appreciated.

 

[Dandy Don]

Didn't you see the amount of money they are asking from you in the court case information on the website?

If you can visit the county courthouse, do so in person to look at the entire file (it is public record that anyone can look at) so you will know what is involved.

You were not properly served and that could work in your favor in court.

Does the homeowner's association allow you to rent to a tenant and did you get their approval before renting to the tenant? Do they know your current residential mailing address?

Contact the HOA by email or by certified mail to let them know you are willing to pay what is owed, and see how they respond.

If the HOA does not respond, then just show up in court and explain that you were not properly served and just tell the truth in explaining your side of the story.

 

[adjusterjack]

What is the process of this lawsuit? What should I do from here to protect myself (for other's fault)? should I hire an attorney? Should I go to the court to explain to the judge? It seems a small thing - the manager didn't update their info and I became the victim. What will be the possible outcome?

Actually, this is nobody's fault but your own. When you bought the property you should have obtained the CC&Rs (in which you are likely to find that the fees are due without demand), found out how much the fees were and when they were due, and paid them.

I suggest that the best way to "protect" yourself is call the attorney whose name is on the lawsuit and say "I am prepared to bring a check to your office in exchange for dismissal of the lawsuit. How much should that check be made out for?"

Whatever he says, pay it quickly and quietly and make sure you get a copy of the stipulation for dismissal when you pay.

You aren't going to win this and the longer you wait the more it's going to cost you.

If you go to court and argue improper service, you will eventually be properly served and end up with a much larger amount of the HOA's attorney fees to pay when you lose.

 

[raycchen]

Didn't you see the amount of money they are asking from you in the court case information on the website?

If you can visit the county courthouse, do so in person to look at the entire file (it is public record that anyone can look at) so you will know what is involved.

You were not properly served and that could work in your favor in court.

Does the homeowner's association allow you to rent to a tenant and did you get their approval before renting to the tenant? Do they know your current residential mailing address?

Contact the HOA by email or by certified mail to let them know you are willing to pay what is owed, and see how they respond.

If the HOA does not respond, then just show up in court and explain that you were not properly served and just tell the truth in explaining your side of the story.

I didn't receive any document. When the legal document was brought to my tenant, my tenant didn't accept it because he didn't want to get trouble. So, I don't know the amount. I didn't see the file on the website. I am going to call the court to know weather I can review the file online.

I had CC&R when I purchased the house. I was allowed to rent to a tenant.

Right after purchase closing, I wrote an email to the associate manager to introduce myself and provide my mailing address, email, and phone number to her. I specifically mentioned to her please mail the association bills to the address I provided. She replied that she submitted the request and they would update it. So she had my mailing address and know where to contact me. I still have the email records in my email box to show how we exchange emails.

Nevertheless, I never received letter or invoices from association for the payments.

Right after I found out HOA is suing me. I emailed the association manager and also called her and left a message. Later she replied my email saying it is in collection and according to the law she can't speak to me. I emailed her saying I am willing to pay what is owned and ask her to withdraw the case. She just replied me to talk to the association attorney. What should I do from here?

Your help is appreciated.

 

[raycchen]

Actually, this is nobody's fault but your own. When you bought the property you should have obtained the CC&Rs (in which you are likely to find that the fees are due without demand), found out how much the fees were and when they were due, and paid them.

I suggest that the best way to "protect" yourself is call the attorney whose name is on the lawsuit and say "I am prepared to bring a check to your office in exchange for dismissal of the lawsuit. How much should that check be made out for?"

Whatever he says, pay it quickly and quietly and make sure you get a copy of the stipulation for dismissal when you pay.

You aren't going to win this and the longer you wait the more it's going to cost you.

If you go to court and argue improper service, you will eventually be properly served and end up with a much larger amount of the HOA's attorney fees to pay when you lose.

Right after closing, I emailed the home owner association manager to introduce myself as the new owner of the property and give her my mailing address, email, and phone number. I specifically mentioned to her to mail the HOA bill to my mailing address. She replied and confirmed that she submitted and had request to update my information to their system. This email exchange record is still in my email box.

I did my delinquency to provide my information at very beginning. I had no intention not to pay HOA dues. They have all my information to send me bills.

It is very possible they drop the ball and didn't process my request, which caused this mess.

How can I win the case and avoid the HOA's attorney fees. I am willing to pay the HOA dues. It is not a problem at all. Just those overhead penalties, how can I avoid them? How much time do I have?

Your help is appreciated.

 

[adjusterjack]

I did my delinquency to provide my information at very beginning. I had no intention not to pay HOA dues. They have all my information to send me bills.

It is very possible they drop the ball and didn't process my request, which caused this mess.

You have the CC&Rs, now read them. If you find that the fees are payable without demand then it doesn't matter that they dropped the ball. It was still your responsibility to get them paid.

How can I win the case and avoid the HOA's attorney fees. I am willing to pay the HOA dues. It is not a problem at all. Just those overhead penalties, how can I avoid them? How much time do I have?

My opinion for the 2 cents that it's worth is that the best way to minimize your costs is to call that lawyer ASAP and negotiate a settlement as best you can, before you get served.