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malicious prosecution?

Discussion in 'Small Claims & Municipal Court' started by david46, Mar 1, 2008.

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  1. david46

    david46 Law Topic Starter New Member

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    I own a property out of state. Live in Florida property in Indiana

    In December I was sued by a homeowners association for late payment.
    Payment was made and the case was dismissed without prejudice.
    12/08 I received notice that total owed to the homeowners was $109 for late fees that were not payed up to that time, and were not added into the court case. I Have the documents sent by them. I did not get this notice until mid January as even though they have the correct address they always send coorespondance to my old address.

    I frequently am unavailable due to obligations, and payment was late again up to 2/08. total payment are 159/mo. At that time I made payment to the homeowners association for amounts owed. I owed 318 plus the 109, 109 which I still think is wrong.

    2/26 I received notice from a lawyers office stating I owed $1011.00 for failure to pay dues plus attornies fees. I contacted them that day and advised that I had notice in Dec that showed only $109 owed and had made payment for dues earlier. They said they were going to look in to that. But the best they can tell it was due to an error in bookkeeing from the homeowners association, and the notice sent was wrong, and they show other fees were owed and want to collect. This was the first I had gotten notice of this.

    2/26 the same day I contacted them they filed suite in court for the $711 to attorney fees. totalling the $1011.00

    They sent a breakdown of amounts owed and they show that fees owed are from attorney fees that were not payed, (the homeowners association)

    6 months earlier I was sued by the same homeowners association, same attorney, and never got notice of the suite, living out of state. I found this out from a review of my credit file. I contacted them and proved that the amount was not owed but was an error in the records of the homeowners association, even though it had already gone to court. They stopped trying to collect the debt, but the judgement still remains on my credit file. They told me it is my responsibility to have this removed.

    The administrator of the homeowners association does not return my calls and has told me she really dosent care about my issues. My opinion is they really dont like me and want to cause harm, but I cannot prove this.

    My questions is this they sent me notice showing how much was owed 2 months later the amount changed. This because of an error in their bookkeeping. With only 1 day notice of this amount they filed a civil action for collection of debt. What do I need to do.
    Last edited: Mar 1, 2008

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