Legal Question in Credit and Debt Law in Texas

Refusing a partial payment for debt

I own a lake lot outside of Dallas. It was given to me by my grandmother as part of her estate. I have been in Georgia for two years. The lake lot has no house, just a lot. It is in a restricted subdivision that is controlled by a homeowners assn. I get charge yearly dues for road fund and mowing. I hadnt recieved a statement since 1998. I then got a notice a few months ago from a collection agency that the assn. had put a lien on my lot and turned the bill over to them in amt. of $440.00. I had sent the assn. a check for $81 and told them I would catch it up as soon as possible. I recieved a letter from them today on 4/11/2001 and they are refusing the partial payment and want it all. They also say I have to send the money to the debt collector and not them because they have a contract with the collector. What are my recourses? Do I have to send the money to the debt collector...and can they refuse partial payment when I told them I didnt have it all right now. Can they just still my property like that?

Thanks for any help in advance!!

Liz


Asked on 4/12/01, 7:40 pm

1 Answer from Attorneys
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: Refusing a partial payment for debt

In Texas, unfortunately, home owner associations do have the power to not only put a lien on property for nonpayment of association dues, but to foreclose on the property and sell it. Most of the time, they just hire collection agencies or attornies to do it, and they charge the landowner fees (and the attorney fees can be expensive).

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Answered on 6/12/01, 7:28 pm


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