Validation & SOL question for California
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Posted by The Need Help Guy (4.29.75.240) on July 24, 2004 at 22:23:47:
This may be an unusal circumstance, but my homeowner's association has referred my account for association dues to an attorney who is threatening to put a lien on my house and I have a few questions with regard to validation and SOL. I've had a dispute with my homeowners association for several years with regards to some late fees charged to my account and last month they referred it to a collection attorney. When the attorney sent his intial letter it included a balance sheet beginning with the words "Balanced forward as of 5/2002 $160" with no itemization of this amount followed by monthly charges through 6/2004. I sent a dispute letter and got back a responce saying they "Verified" the debt without providing any other documentation and they say they will lien my house within 7 days if the debt isn't paid. My questions are: 1. Don't they need to actually provide some proof of the debt rather than just stating they "Verified" it? 2. Don't they need to also give a bit more detail about the "Previous Balance as of 5/2002"? 3. In homeowners associations, you don't really ever sign anything agreeing to pay assessements, so wouldn't the SOL be only 2 years in California and therefore any portion of the debt be uncollectable going back to July 2002? I realize the "homeowners association" element may put a wrinkle in this, but in California, they have to treat homeowner association debt under the fair debt collection act. So any words of wisdom would be greatly appreciated. Thanks
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