Colorado
My HOA sued me in Dec., 2013 and received a default judgement against me. We then agreed to an installment plan in 2014. I've been making payments to the installment plan ever since, but not always as planned. About 1 year after the payment plan was negotiated, I started paying what I could afford, which was less than the plan, by sending at least $15 in addition to my regular assessment payments. My HOA then filed a Satisfaction of Judgement in May, 2018. I've been making normal assessment payments (no additional remittance), on time, ever since June, 2018.
Then my HOA filed a new Complaint against me in June, 2018 in small claims court. The new case attempts to collect on amounts it claims were accrued before the Satisfaction of Judgement was filed. So far, the HOA's ledger includes collections fees and charges that go back to the 2013 case. Most importantly, it's racking up massive attorney fees with the new case. According to my tally, the HOA is seeking over $5200 in attorney's fees to collect on a deficiency of $779 in assessments unpaid from 2012/2013.
Can the HOA file a Satisfaction of Judgement and then sue me for fines and collections costs allegedly incurred prior to filing its motion; then hold me responsible for new attorney's fees in filing a new case? The first judgement allowed for the Plaintiff to Amend their claim(s) (to make offsets) before filing a Motion for Satisfaction of Judgement - how does this factor in? The HOA has been using the same account number the entire time, never separating collections fines from one action with those from others. Through the course of the entire matter I have not received a Certificate of Assessment or any notices of delinquency.
My HOA sued me in Dec., 2013 and received a default judgement against me. We then agreed to an installment plan in 2014. I've been making payments to the installment plan ever since, but not always as planned. About 1 year after the payment plan was negotiated, I started paying what I could afford, which was less than the plan, by sending at least $15 in addition to my regular assessment payments. My HOA then filed a Satisfaction of Judgement in May, 2018. I've been making normal assessment payments (no additional remittance), on time, ever since June, 2018.
Then my HOA filed a new Complaint against me in June, 2018 in small claims court. The new case attempts to collect on amounts it claims were accrued before the Satisfaction of Judgement was filed. So far, the HOA's ledger includes collections fees and charges that go back to the 2013 case. Most importantly, it's racking up massive attorney fees with the new case. According to my tally, the HOA is seeking over $5200 in attorney's fees to collect on a deficiency of $779 in assessments unpaid from 2012/2013.
Can the HOA file a Satisfaction of Judgement and then sue me for fines and collections costs allegedly incurred prior to filing its motion; then hold me responsible for new attorney's fees in filing a new case? The first judgement allowed for the Plaintiff to Amend their claim(s) (to make offsets) before filing a Motion for Satisfaction of Judgement - how does this factor in? The HOA has been using the same account number the entire time, never separating collections fines from one action with those from others. Through the course of the entire matter I have not received a Certificate of Assessment or any notices of delinquency.