Debt collector and HOA will not let me pay them causing me to accrue even more debt.

Location: Colorado

I bought a condo last year, and I misunderstood what was included in closing costs. I thought I was paying the first three months of assessments, but I was actually paying three months into the HOA reserve. As such, when I began making payments a few months later, my HOA balance was past due. I couldn’t really afford the three months and late fees upfront, but I began paying the monthly assessments on time and requested a payment plan for the overdue balance. The HOA seemed indifferent about addressing the balance (taking two weeks to respond to my calls/emails, sending me documents with errors, etc).

Despite me paying my monthly assessments on time for 5 months at this point, and requesting a payment plan for the overdue balance, my account was referred to collections because of the three months I hadn’t paid. The HOA kept saying they were going to send me the information to set up a payment plan, and they never did.

When I was notified my account was in collections, I called the agency and explained the situation to them. They asked me to send them a written explanation of what I had told them so they could try to get some of the lates fees dismissed. I sent them the information as soon as I got off the phone.

Well, that was almost six weeks ago. I have called and emailed the agency several times since then and have been told that they’re still reviewing my case, various people are out of office, etc. I have explicitly asked to make payments on my debt and have been given a litany of excuses as to why I can’t.

I also discovered that I cannot pay my current HOA dues because my account is in collections. I tried to pay my HOA assessments for March and April, but they wont take my payment and said it needed to be paid through the collection agency.

I called the collection agency for at least the eighth time and demanded information regarding my account. I have no way to make payments on the past due balance or my current HOA fees. The last time I spoke to the guy managing my account, he apologized profusely and said he was taking “full accountability” for this. He said he was going to talk to the agency attorney as soon as he was off the phone and would be in touch the following week.

Well that week ended on Friday, and today (Sunday) I was served with a summons to appear in court. I’m terrified. I have tried so many times to pay the debt collector and my HOA and they quite literally wont take my money.

I’m assuming I need to consult with a debt collection attorney to represent me? I know debt collectors are often pushy or manipulative, but I’ve never heard of them being unresponsive. Do I have a case here, or should I just appear in court to pay the balance?