Legal Question in Credit and Debt Law in Maryland

debt collection

I reside in a condo where I and others received letters from an attorney informing us that we were behind in our condo fees, some were behind and others were current The ones that were behind were anywhere from 3 or more months. The property managment company never sent any letters advising the owners that they were behind with their assessments, which he is required to do 30 days after non receipt of a payment. The property manager turned the owners names over to an attorney without the benefit of notifiying owners that they owed or to even request payment.

Due to his failure to alert the owners, the attorney is requesting a fee from the owners if the fee is not paid then the attorney or property manager will put a lien on the unit owners or a judgment Are the unit owners responsible for the attorney fee? if the unit owners have shown good faith by paying their delinquency after receiving a letter from the attorney, why must they pay an attorney fee? there was no court cost involved. I know that everyone is obligated to pay their condo fee, but it appear as though the property management company is trying to get the attorney $$$$$$$$ !!!!!


Asked on 10/30/04, 12:44 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: debt collection

It depends on what your condo agreement says, whether there is an actual court judgment against you, and other factors which cannot be answered without your hiring an attorney to review the relevant documentation to advise you.

Often, leases and similar documents contain provisions for the prevailing party to seek attorney's fees. But I cannot tell you without being retained to look at the documentation whether this is relevant to your particular situation.

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Answered on 10/31/04, 8:14 am


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