Filling Paperwork

[Tsimison1982]

My question involves collection proceedings in the State of: Indiana

My eldest son just finished his kindergarten year. My wife and have not been able to pay the school fees of $50 and are now being sued for what i think is a ridiculous amount of $342. $50 for school fees 77 for court filling and $215 for lawyer fees. I would Like to know how to file a motion to have myself added to the case also and a motion for discovery so i can try to get an itemized invoice of the school fees and also lawyer fees. Any help would be greatly appreciated. Thanks in advance.

[jk]

I don't understand. In one sentence you say you are being sued and in the next you are asking how to get yourself added to the case. Which is it?

as to the added fees: not exorbitant by any stretch of the imagination. As to what you would ask for; you can go online and find the filing fees. As to the layers fees; all you would be able to get is what the lawyer has billed the school for. $215 represents not much time. I can guarantee it will increase if you decide to fight this. The only question is; can they charge the lawyers fees. Have you signed a contract concerning the school fees? If so, did it include the right for the school to pass along the legal fees as they have?

[Dogmatique]

Agreed - OP knows they owe the debt, and fighting this is only going to end up even MORE expensive in the long run.

Think more in the $1000+ range, OP. You really want that?

Of course if you'd paid the $50 to start with they wouldn't have been forced to sue you in the first place and you wouldn't be looking at lawyer fees at all. Seems like an expensive choice you made, not paying that $50.

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Afterthought: The school doesn't need to put anything like that in writing. They have the right to file for fees and court costs just as any other litigant in the same matter would have the right.

[Tsimison1982]

They are actually only suing my wife and wont speak to me. The 50 we dont dispute nor do we dispute the 77 filling fees but we are disputing the high lawyer fees. As far as the the signing anything for the 50 dollars or that they would pass on to us the lawyer fees i would need to look that up. Could i file a discovery motion for that info.

Thanks for your responses

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They are actually only suing my wife and wont speak to me. The 50 we don't dispute nor do we dispute the 77 filling fees but we are disputing the high lawyer fees. As far as the paying the fifty originally we didn't have it which is why we haven't paid it yet but we don't qualify for assistance either. and defiantly can't afford 342

Thanks for your responses

[Dogmatique]

Seriously - $215 is nothing. You are probably being charged for the hour (and for an hourly rate, that's not bad at all) it took their attorneys to have to fill out the forms, drive down to the court-house and stand in line to actually file.

I can see this being a really expensive lesson in futility for you, in all honesty.

[jk]

Afterthought: The school doesn't need to put anything like that in writing. They have the right to file for fees and court costs just as any other litigant in the same matter would have the right.

. You are correct, at least here. In Indiana they don't require a contractual right to be able to charge the lawyers fees:

(c) The term "claim" means any obligation for the payment of money or its equivalent and any sum or sums owed or due or asserted to be owed or due to another, for which any person may be employed to demand payment and to collect or enforce payment thereof. The term "claim" also includes obligations for the payment of money in the form of conditional sales agreements, notwithstanding that the personal property sold thereunder, for which payment is claimed, may be or is repossessed in lieu of payment.
(Formerly: Acts 1937, c.92, s.1; Acts 1955, c.304, s.1.) A

http://www.attorneysforconsumers.com...tices-Act.html

I do not believe it is so in every state.

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They are actually only suing my wife and wont speak to me. The 50 we don't dispute nor do we dispute the 77 filling fees but we are disputing the high lawyer fees. As far as the paying the fifty originally we didn't have it which is why we haven't paid it yet but we don't qualify for assistance either. and defiantly can't afford 342

Thanks for your responses

I find it odd they won't talk to you, at least prior to the suit. Since you are not named on the suit, as they say in Indiana "you don't have a dog in that fight", at least in regards to the suit itself.


Any idea why they didn't name you in the suit? It is odd they wouldn't.

I suggest you work out an agreement to make payments or some other plan to avoid this going to court. It will only add costs if you don't.

[Tsimison1982]

Thank you guys so much for your answers. As far as them not talking to me they didn't like what i had to say, but they said we could move to have me included but of course couldn't tell me how. The were actually surprised themselves they didn't get me named also. As a matter of principle (no offense to any lawyers or attorneys) 215$ is crazy for an hour or less of work and I think they should be ashamed of themselves I have had higher debts and less "Lawyer" Fees, however I will probably swallow my pride although i think 684% of the original fee is ludicris before it becomes a 1000% and try to come up with the money. Thank you guys so much

[Dogmatique]

Would you think a surgeon charging $500/hour is also "crazy" money? Any idea how expensive law school can be? Med school?

I'm sure you don't work for free. Assuming you do work, anyway. Don't be hating on the folk who earn the big bucks.