I have a past due balance with a Home Owner Association. They have referred it to a collection agency. I am willing to pay the total due to the HOA, but I do not want to pay the collection agency fee, which I believe is excessive. The agency is saying the HOA will proceed to Small Claims for the entire amount due including their collection agency fees. If this happens I will appear in court and offer to pay the total due less collection agency fees. Is it likely the court will allow collection agency fees be added on to the amount asked?
If the collection agency and not the HOA takes you to the court and moreover, if the original loan agreement has instances of collection agency fees, only then the court is likely to ask you for the collection fees.