Sued by HOA, advice please

[hann9787]

What is the name of your state (only U.S. law)? Georgia

Due to a substantial decrease in my income and a mortgage that adjusted significantly, I have not been able to meet many of my monthly obligations, one of which was my hoa fees. I am currently in foreclosure while attempting to renegotiate a loan modification which has been dragging on for over a year at this point. I just received a call from the hoa's attorney's office attempting to collection on a default judgment they apparently received recently unbeknown to me. I was never notified of any pending suits against me and did not have the opportunity to respond or show up in court.

Is there anything I can do about this? I read something about filing a motion to dismiss based on not being properly served. The attorney is claiming that I owe significantly more than what is actually owed. Any guidance or suggestions would be greatly appreciated.

 

[LayLawLegal]

Yes, you can file a motion to vacate the judgment arguing that the court had no jurisdiction because (if) there was no proper service of process. Typically a sheriff will serve the lawsuit and file an entry of service swearing that they gave it to you. Check with the clerk to see if it has the correct information (address, name, etc). Unless you can overturn/vacate the judgment you have missed your chance to contest the amount. They have probably added attorneys fees and interest to the amount owed.