Do I need a lawyer to contest new collection fees after I already paid up?
I fell way behind on my HOA payments and they sent the account to collections. While negotiating with collections, I was locked out of the HOA payment portal and told not to contact the HOA, so I couldn’t make HOA payments during that time. The collection company sent a final invoice for the total owed. I paid the collection company 100% plus their fees (over $2k). Since then I’ve made all HOA payments on time. Now the collection company says I owe additional months and new fees. Do I have to accept and pay, hire an attorney and fight, or hire an attorney and counter-sue?
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Solved
Request receipts and a detailed ledger. Also show where you asked for and paid the payoff amount they provided. Ask for:
Complete owner ledger
From $0.00 balance through today, showing: assessments by month, late fees, interest, fines, attorney fees/costs, payments, credits, and balance after each entry.
Payoff documentation
- The payoff demand they provided (date/time-stamped)
- Proof you paid that payoff in full (receipt, cleared check, wire/ACH confirmation).
- A zero-balance or satisfaction letter that should have been issued after payoff (if none, ask them to issue one).
Authority and basis for new charges
- Cite the CC&Rs/Bylaws/Rules sections that allow each specific fee (late fee, interest, “PJ Atty Fees,” “PJ Costs & Exp,” etc.).
- Board resolution or contract authorizing referral to collections and fee schedules.
- Collection agreement between HOA and the agency (redact amounts if they want, but you need the fee categories and who pays them).
- Attorney billing statements with date, task, time, and rate for every line item; receipts for any “court costs” or “litigation expenses.”
- If they claim court involvement, provide the case number and docket; if none exists, they must remove “court costs.”
Interest/late-fee math
- The interest rate, compounding method, and the exact calculation worksheet showing how they got their totals.
- Any fee caps or notice/waiting requirements in your CC&Rs or state statute.
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I fell way behind on my HOA payments and they sent the account to collections. While negotiating with collections, I was locked out of the HOA payment portal and told not to contact the HOA, so I couldn’t make HOA payments during that time. The collection company sent a final invoice for the total owed. I paid the collection company 100% plus their fees (over $2k). Since then I’ve made all HOA payments on time. Now the collection company says I owe additional months and new fees. Do I have to accept and pay, hire an attorney and fight, or hire an attorney and counter-sue?
Lexi, Chatbot
Have you received any communication from the HOA directly about the additional months and new fees?
Yes.
Lexi, Chatbot
What were the terms of your agreement with the collection company when you paid the initial amount plus their fees?
There was no real agreement—I just paid the full invoice.
Lexi, Chatbot
Is there anything else the real estate lawyer should know?
Yes.
Elizabeth
I’m here to help. Did they explain how those fees accrued when you paid the balance?
They were invoiced as Attorney Fees ($2,090), Litigation Expenses ($500), and Court Costs ($215).
Elizabeth
Did you ever attend court?
No. Aside from a phone call or two, we only communicated via email.
Elizabeth
That makes “litigation expenses” and “court costs” strange—if there was no court, there generally shouldn’t be court costs. That’s also a lot in attorney’s fees for no court appearance.
On the new invoice, the fees are “PJ Atty Fees” ($795) and “PJ Costs & Exp” ($187.50).
Elizabeth
Did you ask them for any invoices? You can challenge what they’re charging and ask for evidence.
I have the most recent invoice showing the previous data too. I should have the right to challenge and ask for evidence.
Elizabeth
Request receipts and a detailed ledger. Also show where you asked for and paid the payoff amount they provided. Ask for:
Complete owner ledger
From $0.00 balance through today, showing: assessments by month, late fees, interest, fines, attorney fees/costs, payments, credits, and balance after each entry.
Payoff documentation
- The payoff demand they provided (date/time-stamped)
- Proof you paid that payoff in full (receipt, cleared check, wire/ACH confirmation).
- A zero-balance or satisfaction letter that should have been issued after payoff (if none, ask them to issue one).
Authority and basis for new charges
- Cite the CC&Rs/Bylaws/Rules sections that allow each specific fee (late fee, interest, “PJ Atty Fees,” “PJ Costs & Exp,” etc.).
- Board resolution or contract authorizing referral to collections and fee schedules.
- Collection agreement between HOA and the agency (redact amounts if they want, but you need the fee categories and who pays them).
- Attorney billing statements with date, task, time, and rate for every line item; receipts for any “court costs” or “litigation expenses.”
- If they claim court involvement, provide the case number and docket; if none exists, they must remove “court costs.”
Interest/late-fee math
- The interest rate, compounding method, and the exact calculation worksheet showing how they got their totals.
- Any fee caps or notice/waiting requirements in your CC&Rs or state statute.
Thanks.
Elizabeth
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