How do I answer a summons for unpaid common expenses to my HOA?
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How do I answer a summons for unpaid common expenses to my HOA?
These fees went unpaid a few years back and since then i have been paying back extra money a month
with my fee towards these unpaid fees. I am not sure how to answer since I am paying my fees with extra towards unpaid.
Asked on March 29, 2017 under Real Estate Law, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You will need to file an answer to the complaint. The complaint is the lawsuit attached to the summons. You will need to file your answer with the court and serve by mail a copy on the opposing party or their attorney within the time set forth in the summons. If you miss the deadline, a default will be entered against you, which means you have lost unless you file a motion to set aside the default and the court rules in favor of your motion.
The answer denies the allegations in the complaint. At the law library, have the librarian help you find Pleading and Practice which has sample answers to complaints. Also, include a verification attesting to the veracity of your statements in the answer signed under penalty of perjury. You should see an example of this at the end of the sample answer to a complaint.
When you file your documents with the court, attach a proof of service verifying the date of mailing a copy of your documents to the opposing party or their attorney. You can get a court form proof of service or you can write your own based on the court form.
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