Counter suit for HOA Board lawsuit

Started by CathyB3 • 9 replies • 2848 views

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CathyB3 (Texas)
Posts: 7

Posted:

What steps do we need to take to file a counter suit for the HOA board who
is suing my husband? How much would it cost us? It is a frivolous lawsuit,
and my husband was previously on the board.

Any advice you can give us would help as soon as possible.
Thank you.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Cathy,

You gave us absolutely no information other than the Board is sueing your husband. For what/ Why would you need to countersue?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Cathy,

This is where you need to seek the advice of an attorney in your area. Preferably one who is knowledgeable of corporate law.

Most attorneys will provide an initial consultation for free (but you might not get many answers). Lawyers typically charge around $300 per hour (depending on your area) but will use a paralegal for a lot of the research which is billable at a lower rate (which saves money).

Donna,

Here is a link to Cathy's initial posting which provides more information.

Tim

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thanks Tim,

I was asleep at the wheel.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I believe you don't need a lawyer to countersue unless your a HOA. When they serve you the papers for a lawsuit there should be a response section. This section you should fill out a response countering their points. If you have the case number you may be able to go to the Probate judges office and file the counter-suit there. YThere may be a nominal or no fee at all with filing the counter-suit.

It's good to have an attorney for such things. Although if money is tight, it is possible to do it yourself. It's kind of like selling a home by owner versus using a Realtor. You can sell your house yourself but it's much easier to pay a professional to handle the sales... It really depends on your comfort level with the law and knowledge...

Former HOA President

JonD1
Posts: 2,350

Posted:

As laws and procedures vary from state to state I would not be willing to offer legal advice as to how one might respond to a filed lawsuit.

Unless of course you are an attorney who has passed the bar in the state in question.

Nor would I as a party that has been served with a complaint be comfortable planning my response according to what has been provided me on a anonoymous web site from people I don't know.

In the end any legal action can become quite costly and IMO the OP needs to consult with a lawyer IF they have been served with a complaint or summons rather than simply being threatened.

No matter how many times you post it the answer is the same IF your husband has been sued you need to talk to a lawyer and get some answers.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My advice comes from experience and some law knowledge. However, I am NOT a lawyer nor do represent myself to be just like everyone else on this forum. I figure most posters on here have some common sense to know that when they read a post of anybody's on here that the advice isn't legal.

What my post is saying is that it is possible to represent yourself without the need of a lawyer IF you choose that route. I don't want people feeling that everytime they have to go to a courthouse they have to bring an attorney. The law is set up in most states and some federal courts for the allowance of representing yourself. This fact is often overlooked by most people who are intimidated by the system or lack law experience/knowledge. Is it the BEST avenue for a person to take? Probably not. Is it an Option? It absolutely is. An option I feel the poster or any poster should be aware especially if they can't afford an attorney or feel they can represent themselves.

Shopping for attorneys is another issue... A lawyer familiar with contractual/business law should be the type your looking for. Lawyers who specialize in HOA tend to be more expensive as it is a specialty. You don't want a lawyer who deals with Real estate law. You don't have a real estate issue but a contractual one...You may want to check into a criminal law type attorney just in case they decide to press charges instead of suing later.

The choice is yours on how you want to handle the countersuit. Just know what your rights are and what direction you want to head. A bad good example of who defended themself in court would be "Charles Manson"...So even an insane criminal mastermind can take on a court system...He did win a few motions...He's just in prison where he should be anyways...

Former HOA President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

In a way, lawyers are like doctors. There are general practitioners and there are specialists. Specialists may be more expensive per hour, but may be cheaper in the long run because they have more experience and knowledge in their practice area.

I once received a "cease and desist" letter from a general practitioner lawyer threatening to sue me. (Lawyers love to write intimidating letters to non-lawyers, that's how they operate.) I was fairly certain I was doing nothing wrong, so I contacted a specialist in that area. After an initial consultation of less than an hour, the specialist sent a reply. I never heard any more about the issue.

Choose a lawyer like you would a doctor: very carefully.

JonD1
Posts: 2,350

Posted:

If in fact a lawsuit has been brought against the husband I would assume this is a civil matter not criminal. IMO therefore rendering a consultation with a criminal defense attorney needless.

And as we have not been told if in fact a lawsuit has been filed it would seem impossible to suggest what type of lawyer the OP might need to consult. As we don't know why the party is being sued.

In general terms outside of small claims court, I would never suggest anyone represent themselves in court. Depending on what is a stake and the amount of damages the party
bringing suit is requesting it can be a serious error.

Not long ago a poster here recalled his appearance in court coming up against the HOA's lawyer. In his words the lawyer ate his lunch due to their knowledge and understanding of the law. Sounded like a real good idea till you have to show up in court and represent yourself.

IF and WHEN an action is brought against you IMO you need to consult an attorney with knowledge of the law in the area the suit covers.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I wanted to add that when you are served the papers, there should be a limited amount of response time. You MUST respond to the lawsuit regardless of if you believe it is frivolous or not. A NON-Response risks even more. The case could be tried without you and you counted as a "no-show". Which means the filer of the lawsuit can win their case by default alone.

The response doesn't have to detail anything. It just has to exist. A simple sentance of "I acknowledge this lawsuit and plan to prove my side of the case in court". If you put in that response details of your defense you may find you have to defend them in court. So I would recommend keeping your responses general and geared toward what you can defend in court.

Harrassment isn't a letter in the mail or messages left on your machine regarding contacting you about a lawsuit. You can sue for it, but in order to get the judge to see it, you need proof of recurring outside of the problem at hand. That means police reports and phone records. An attempt to call you isn't proof of harrassment. A repeated phone call outside of normal hours and with threats of violance/retailation is. There are also a cap on how much you can sue for with harrassment. Each state/court is different on that even if they allow it. Make sure your putting down the right amount to reflect the cap. Ie...Don't write a millionn dollars if the cap is only 5K...

Your best bet for a counter-suit is your expenses of the legal sort and NOT harrassment only. Show proof that it cost your husband XX dollars to hire an auditor. Which I would do if possible to review the books on your husband's side of the case. Show proof of money you have lost by defending yourself like legal fees and certified response letters etc...

THE COURT SYSTEM CAN ONLY MAKE SOMEONE "WHOLE". That means you can't profit from this. You can only recover the expenses you are out of due to the defense in court. So be careful of trying to file things exceeding normal costs. Don't bet on getting that harrassment money but don't forget to file it either. Make sure you request reimbursement of court costs as the court is the only one to grant you that. You may also request NOT to be part of the special assessment if one is needed to pay the HOA's legal costs. This will help you out tremendously in the long run if the court protects you from this. Make sure this is something you get granted. Although, this case really sounds like it will get tossed out of court due to the lack of evidence and the type of suit they are filing...

Former HOA President

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