Do I still owe if case was dismissed with prejudice and I started new payments?

Anonymous Oct 24, 2011 Real Estate 2 views 2 answers

My home Owners Association filed a case against me for nonpayment in 2009. In December 2010 the judge dismissed the case with prejudice and according to the court I owned $0.00, this was my second time at court for this matter. The beginning on 2011, I received a payment slip from my HOA and I made my first half ot the year payment and it was cleared by my bank. A few months later the HOA put a lien on my house for twice the amount they said I owed and got the case reopened, they said I defaulted, don't know how that was possible. I went to court but the lawyer asked for a continuance and I will have to go to court for the 4th time. 1. Do I still owe them the full/previous balance even thought I made a payment after the dismissal. 2. Do I have a case worth fighting.

Attorney Answers

2

Stewart Andrew SuttonGeneral Practice LawyerGermantown, MD

Stewart Andrew SuttonGeneral Practice LawyerGermantown, MD · Jun 15, 2026

When the court dismissed the HOA's case with prejudice, it forever barred the HOA from trying to collect whatever debt you owed in 2009. That being said, the HOA has the right to sue you for any fees you did not pay in 2010 or 2011. If you can prove that you paid all of the HOA fees in 2010 and 2011 (e.g., you are current on your HOA payments), then you will once again prevail in court. Your first step is to determine what fees the HOA is claiming that you did not pay. I recommend that you consult with a local attorney about this matter.

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Cliff M BlondesForeclosure AttorneyRockville, MD

Cliff M BlondesForeclosure AttorneyRockville, MD · Jun 15, 2026

I am concerned about your understanding of what the Court has done. It is very important that you have an attorney review the case file and pleadings to determine what, if anything, was dismissed with prejudice. While others that have responded to your inquiry may be correct about the general concept of dismissals with prejudice, it cannot be determined how this may apply to your situation without careful review by learned counsel.

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