Legal Question in Credit and Debt Law in California
My husband and I had a discrepancy in what we thought the builders would pay towards our HOA dues during closing. When we began paying the dues at what we thought was the correct time, we actually had owed 3 months and a prorated rate for one month totalling about $1014.31. We were never notified of our delinquency, and never asked about it because we thought we were up-to-date. This was back in January of 2009. In early 2010, we noticed that the three of our HOA checks were returned unpaid (we have it set up as a bill pay that automatically sends out the payment via check, much like cashier's check). The first time we contacted the HOA, they told us it was a clerical error and has us reissue the payments. However, these payments were subsequently returned as well, along with all the other monthly payments we had been paying since speaking with them. The second time we called, we were informed that the reason our checks weren't being accepted because we owed fees from our past due payments, and for some reason they wouldn't accept any payments after that. Yet, they cashed a couple checks intemittently throughout this wholed ordeal. Almost two years later, we're still trying to settle this issue. We have printed and given proof of payment for all the months they have not accepted our payment. Yet, they still say we owe fees. The HOA wants to accept our payments, however, ProSolutions, the HOA debt collection agency, is going after us for fees from two years ago. Every month we pay HOA, and every month it gets returned. We have all these payments sitting in our account waiting to be paid, but the company does not want to take our money!!! We've tried to reach out to ProSolutions multiple times, and they either give us the same script about paying fees (without actually telling us what the fees are) or they just say they'll call us back, but never do. My husband had a conference call set up with ProSolutions and the HOA manager, but ProSolutions no showed on him. How can we resolve this problem? Every month that they do not work with us is another month the dues goes uncredited to our account, which I assume means more late fees. How do we stop this? What rights do we have as consumers?
2 Answers from Attorneys
Don't Do Stuff Verbally. Did you ever -write them a letter- ? Did they ever respond? The HOA's conduct may violate the Fair Debt Collection Practices Act. Send a debt validation letter (search the term) to the collection agency. Consult an attorney in your locality and watch out for legal time limits (which you may already have blown).
You need to get a lawyer on this immediately. If I can be of assistance, please give me a call.