Post suit duty to mitigate?

[sswitkin]

So...I'm currently embroiled in a dispute with my owners association over maintenence fees which has resulted in a lien and now a suit. The wherefore clause seeks an accounting and that overdue fees plus costs be paid and failing that..seeks to foreclose the lein on my house.

I have affirmative defenses per the filed documents

I have notified the plaintiffs attorney that the issue is in despute.

I have requested additional documents that support their claim and stated that if they CAN support their position I will be happy to pay all costs and fees

I have made them an offer to settle based on MY position

They remain strangely silent on the entire issue and it seems they are interested in running up the bill and running out the clock in hopes of getting a default judgement.

Does the plaintiff have a duty to mitigate damage at this point?

Do I have the right to request mediation to keep this out of the court?

It seems somewhat idiotic to waste county court time over what is less that a $400 despute when the defendant is willing to pay. All they have to do is provide documentation that the fees are proper...if they have them...which they don't....

 

[Duranie]

There is no duty to mitigate in this case. They do NOT have to take an offer from you. By doung this you are racking up legal fees so honestly I would pay what you owe.

If you owe them the money, there is no reason to mitigate when they can just file a lien and get what they want eventually, and also probably get accrued interest.