My question involves court procedures for the state of: Idaho
I was sued by my HOA 3 years ago, for dues on a house I no longer lived in. I was foreclosed on, and wasn't aware I would be responsible. They never served me, and obtained a default judgment. When I contacted them, they chased their tail and lied to me (all of which I can prove) so that they could run up attorney's fees/costs. I filed to have the case thrown out, but in the end settled for an amount less than half of what they were trying to get me to pay. I only agreed to the settlement because my current husband and I were trying to buy a home and needed the judgment off my record immediately.
I paid the settlement in full - in fact, according to their ledger, I overpaid by $10.
Now, 2 years later, they are attempting to sue me again for more attorney's fees and even charging me $18 apiece for calls to my ex husband to verify his military status and another $90 to demand payment from him. They requested court records and audio files, which they are also trying to charge me for. They haven't placed a single phone call to me, and instead are trying to sue me for almost an additional $2,000.
The settlement agreement states that "this agreement constitutes a complete agreement of this matter. The parties agree that this agreement will be entered as a Stipulated Order." Since I fulfilled my end and paid per our agreement, how can they do this? What codes can I use to have them sanctioned? I have found ICAR 59, and also section 12-123, but I can't see anything about penalties beyond attorney's fees, which I can't afford. I have to file my response by next week, and it's going to cost me $136 to respond.
Any advice is appreciated.
I was sued by my HOA 3 years ago, for dues on a house I no longer lived in. I was foreclosed on, and wasn't aware I would be responsible. They never served me, and obtained a default judgment. When I contacted them, they chased their tail and lied to me (all of which I can prove) so that they could run up attorney's fees/costs. I filed to have the case thrown out, but in the end settled for an amount less than half of what they were trying to get me to pay. I only agreed to the settlement because my current husband and I were trying to buy a home and needed the judgment off my record immediately.
I paid the settlement in full - in fact, according to their ledger, I overpaid by $10.
Now, 2 years later, they are attempting to sue me again for more attorney's fees and even charging me $18 apiece for calls to my ex husband to verify his military status and another $90 to demand payment from him. They requested court records and audio files, which they are also trying to charge me for. They haven't placed a single phone call to me, and instead are trying to sue me for almost an additional $2,000.
The settlement agreement states that "this agreement constitutes a complete agreement of this matter. The parties agree that this agreement will be entered as a Stipulated Order." Since I fulfilled my end and paid per our agreement, how can they do this? What codes can I use to have them sanctioned? I have found ICAR 59, and also section 12-123, but I can't see anything about penalties beyond attorney's fees, which I can't afford. I have to file my response by next week, and it's going to cost me $136 to respond.
Any advice is appreciated.
Sanctions: HOA Frivolous Litigation
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