prishpreed
Junior Member
What is the name of your state (only U.S. law)? CA
I was behind on HOA dues and I got a letter from the management company (not collections) that said I owed a certain amount. The due date was NOV 30.
NOV 26 - I sent a personal check on to an address only 10 miles away. No tracking number and not certified (oops).
NOV 26 - I left a courtesy voicemail to the Accounting dept (which is just one person, my contact person) letting her know that the check had been mailed.
NOV 30 (due date) - I called first thing in the morning to confirm that they received my check but I got voicemail. I left a message asking them to call me back. No callback. I also sent an email asking them to let me know if they did not receive it. No response.
DEC 1 - I called again, got voicemail, and I left message asking if they received the check. Also emailed. No response.
DEC 2-6 - The check still not cashed. I left multiple voicemails and emails.
DEC 12 - The check still not cashed. I called, left voicemail, another email.
DEC 13 - I finally got an email back from someone else saying the person in Accounting no longer works there and they were following up on that person’s emails to make sure nothing “gets lost” during the transition and they apologized for the delays. So i responded asking if they received my check. She immediately wrote back saying they did but the check was forwarded to their collections attorney. I asked if that means it wasn’t received on time and will i be charged extra fees, to which she responded with “i will follow up with you tomorrow with that info”.
DEC 14 - No follow up as promised so i emailed. No response.
DEC 15 - The check still had not been cashed so I call and left voicemail. I emailed and got an auto response saying they are closed for the holidays until JAN 3.
DEC 16 - I receive a letter in the mail from the collections attorney that says the check I sent was not received in time, therefore there is a new dollar amount due. The outstanding payment was increased by $750 because of collection fees, late fees, and legal fees and costs, due JAN 3. They also returned my original check that was stamped with “Received DEC 2”.
DEC 16 - I called collections attorney to discuss. The receptionist sent me to my case manager but I got voicemail. Left message. No callback.
DEC 19-21 - Over the next few days, I called collections attorney many times, got voicemail. Left messages. No callback. If I call enough, surely they will call me back, right?
DEC 27 - I finally got a callback from collections attorney that says the check was received by the HOA management company on DEC 2, which was 6 days after I sent it, first class mail, 10 miles away. Very hard to believe, though. She asked if I sent it with a tracking number and I said no, so she said i would have to prove that they received it on time and "good luck with that". I told her that i made multiple attempts to contact the HOA management company to make sure they received it and that there was a change in employees, etc. She said there was nothing i can do. If the check truly arrived late, then yes, i understand - I am in the wrong. However, I just can't believe that it was late. I think that the change in employees probably caused the check to not be procesed on time. And that if they had returned my calls or emails to let me know the check hadn't arrived, i could have driven over there to drop off a new check in time, but they just ignored almost every message I left.
She said that I am not allowed to contact the HOA Board of Directors or the HOA management company regarding this issue. So, I requested a hearing with the BOD. But the HOA management company is closed until JAN 3 and the new payment is due JAN 3.
I read there is a Postmark Act of 2014 that seems to be that they must use the postmark date as the received date but I am not sure if that will hold up, especially if they no longer have the envelope. I have no proof that I sent it on that date or that it was received on or before the due date.
So, my question is... is there any way I can get around this new $750 fee by proving their lack of communication or am I just screwed?
Thank you in advance.
I was behind on HOA dues and I got a letter from the management company (not collections) that said I owed a certain amount. The due date was NOV 30.
NOV 26 - I sent a personal check on to an address only 10 miles away. No tracking number and not certified (oops).
NOV 26 - I left a courtesy voicemail to the Accounting dept (which is just one person, my contact person) letting her know that the check had been mailed.
NOV 30 (due date) - I called first thing in the morning to confirm that they received my check but I got voicemail. I left a message asking them to call me back. No callback. I also sent an email asking them to let me know if they did not receive it. No response.
DEC 1 - I called again, got voicemail, and I left message asking if they received the check. Also emailed. No response.
DEC 2-6 - The check still not cashed. I left multiple voicemails and emails.
DEC 12 - The check still not cashed. I called, left voicemail, another email.
DEC 13 - I finally got an email back from someone else saying the person in Accounting no longer works there and they were following up on that person’s emails to make sure nothing “gets lost” during the transition and they apologized for the delays. So i responded asking if they received my check. She immediately wrote back saying they did but the check was forwarded to their collections attorney. I asked if that means it wasn’t received on time and will i be charged extra fees, to which she responded with “i will follow up with you tomorrow with that info”.
DEC 14 - No follow up as promised so i emailed. No response.
DEC 15 - The check still had not been cashed so I call and left voicemail. I emailed and got an auto response saying they are closed for the holidays until JAN 3.
DEC 16 - I receive a letter in the mail from the collections attorney that says the check I sent was not received in time, therefore there is a new dollar amount due. The outstanding payment was increased by $750 because of collection fees, late fees, and legal fees and costs, due JAN 3. They also returned my original check that was stamped with “Received DEC 2”.
DEC 16 - I called collections attorney to discuss. The receptionist sent me to my case manager but I got voicemail. Left message. No callback.
DEC 19-21 - Over the next few days, I called collections attorney many times, got voicemail. Left messages. No callback. If I call enough, surely they will call me back, right?
DEC 27 - I finally got a callback from collections attorney that says the check was received by the HOA management company on DEC 2, which was 6 days after I sent it, first class mail, 10 miles away. Very hard to believe, though. She asked if I sent it with a tracking number and I said no, so she said i would have to prove that they received it on time and "good luck with that". I told her that i made multiple attempts to contact the HOA management company to make sure they received it and that there was a change in employees, etc. She said there was nothing i can do. If the check truly arrived late, then yes, i understand - I am in the wrong. However, I just can't believe that it was late. I think that the change in employees probably caused the check to not be procesed on time. And that if they had returned my calls or emails to let me know the check hadn't arrived, i could have driven over there to drop off a new check in time, but they just ignored almost every message I left.
She said that I am not allowed to contact the HOA Board of Directors or the HOA management company regarding this issue. So, I requested a hearing with the BOD. But the HOA management company is closed until JAN 3 and the new payment is due JAN 3.
I read there is a Postmark Act of 2014 that seems to be that they must use the postmark date as the received date but I am not sure if that will hold up, especially if they no longer have the envelope. I have no proof that I sent it on that date or that it was received on or before the due date.
So, my question is... is there any way I can get around this new $750 fee by proving their lack of communication or am I just screwed?
Thank you in advance.
