Small Claims Master List/Pay Under Protest, Recovering Sums


Santaella v The Bridges (Contra Costa County)
Case Number: WSC-08-1071

Synopsis: The homeowner paid her annual assessments in advance by certified mail to the property manager.  An unsolicited phone call alerted the homeowner to the fact that, despite her advance payment, the property manager had referred her account to debt collector Angius & Terry, which had  put the home on the foreclosure auction block.

Property manager Peachtree claimed it sent all the proper legal notices to the homeowner though at trial it could produce no proof.  The homeowner sued in small claims to demand that (1) all evidence of the liens be removed from title and credit reports and that (2) that the court award damages, which it did in the amount of $7500, the limit allowed in small claims.

Angius & Terry appealed the decision but the homeowner won a second time in the new trial before a different judge.



Rawnsley v Lakeside Community HOA (Sacramento County)

Case Number: 10SC01848

Synopsis: Two homeowners, husband and wife, both on title, sued the association and its debt collector Angius & Terry for violating the state laws governing assessment collection and the recording of liens against their home. The homeowners sought the recovery of $1614 in collection costs they believed improperly levied by Angius & Terry against a $205 assessment alleged to be delinquent.  Before trial, Angius & Terry agreed to return the money demanded by the homeowners rather than take the dispute into small claims court.



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