Consumer Law, Warranties doctrine of mitigating damages/avoiable consequences. can this be used

[cjn @ sun city]

Can this be used in civil suit where i am defedant. Plaintiff is hoa which over 6mo allowed atty to expand case w/letters and court docs. Case could have been settled in first month with no loss to plaintiff and small costs due their atty. Atty fees have inflated from $400 to $2500! Will probably go higher at court date in june. The original arrears of hoa dues is almost 0 balance since i have been paying @month from first request by atty demand letter. I am simple woman just trying to survive on ss. Thanx.

 

[army judge]

Can this be used in civil suit where i am defedant. Plaintiff is hoa which over 6mo allowed atty to expand case w/letters and court docs. Case could have been settled in first month with no loss to plaintiff and small costs due their atty. Atty fees have inflated from $400 to $2500! Will probably go higher at court date in june. The original arrears of hoa dues is almost 0 balance since i have been paying @month from first request by atty demand letter. I am simple woman just trying to survive on ss. Thanx.

A simple tautology follows:
Never buy property controlled by nazis.

All HOA are NAZIS.

Never buy property under the grasp of an HOA.

ANSWER: You can use any defense the judge in the case allows.

Usually I don't comment on a particular case strategy or defense.
In your case, madam, that defense won't work.
In fact, no defense will work.
You're fighting nazis.
Read your HOA agreements/contracts.
You'll discover very few things they can do where you can beat them.
Attorneys fees (reasonable fees) you'll discover will continue to accrue as you waste time and treasure fighting nazis.
I suggest you pay all the HOA (nazi) fees you owe.
Contact their attorney and attempt a settlement.
Otherwise, their costs will destroy you.