Do not pay disputed charges -- at least not until it looks like you re going to lose your dispute. Paying is a cop-out and a bow to their bullying tactics. They have the burden of proof, and you can assert a defense if they sue you, or raise a counter-claim at that time. In the USA the lawyer (or collection agency) is governed by the Fair Debt Collection Practices Act, and you can easily get them to back off until the dispute is resolved, if you send the right letters to the right people, as required by the law.
IF you re in the UK and you re talking about the penalty charges imposed by most banks, currently subject of a High Court challenge by the Office Of Fair Trading... I understand the current position to be this. The OFT, with the co-operation of a number of banks, took the matter of penalty charges on current accounts (NOT credit or charge cards) to the High Court, arguing that as the charges did not reflect the actual cost of default to the banks, they were punitive and therefore unlawful. The High Court hasn t ruled on that but has allowed a challenge to proceed on the basis of unfair terms. Where people have already submitted complaints or challenges, to the banks themselves, or begun court action or have made complaints to the Ombudsman, these actions have all been suspended. If that s the case with yours, I would argue recovery action should also be suspended. You could argue, if the HOA Lawyer proceeds to Court, the action should be dismissed or adjourned. However - I m not a lawyer, nor a specialist in this field so I would say you need better advice. And, if you re outside the UK... Try the following link. There s also bankchargeshell but that site seems to be down.
If you are concerned about additional fees you can file a lawsuit seeking a declaratory judgment. If you pay voluntarily it might moot any lawsuit but that depends on a lot of factors.
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