mspammy

Judgement Attorney Fee's and burdin of proof?

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Hi All, After a year and half battle I finally have Judgement - and need some assistance please.

A little info on my case - it was from a Rental 10 years ago in Indiana and they had 2 counts against me.

Count 1 was for cleaning, damages, & repairs in the sum of 2300. plus 1000 in attorney fee's.

Count 2 was for fraud for incorrect info on the rental application, they wanted 10,000 for breach of contract, attorneys fee's, interest, punitive damages.

We won on count two as the jodge found it unfounded.

They won on count 1 as the judgement says "adequately proven" - even though they had absolutely no proof, all they had was their own print out that said cleaning was xxx amount, paint was xxx amount, repairs were xxx amout - they didnt even list what needed cleaned, fixed or repired. They didnt have any pictures, receipts from buying the products, time cards or names of who cleaned, repaired etc..

So now Im trying to decide if I should appeal this or not. But before I do need a little asstance please.

I really think that the court made a mistake when the listed 3000 in attorneys fees as not only is it higher then the actual amout for damages and such on count 1 of the complant for but count 1 of the complaint had only asked for 1000 in attorney fees.

First question is - is there anyway to ask the court if they really meant for the judgement on the attorneys fee's to be 3000?

and second questions is besides an appeal is there any other way for the courts to re-consider count 1?

this was in Indiana and any/all info is grealty appreciated.

Thanks so much! (:

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You can try a motion to re-consider or to re-argue but I do not trust their effectiveness. If you feel like you have proper grounds to appeal, I would try to appeal. Appeals are expensive, and they are not easy pro se.

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I really think that the court made a mistake when the listed 3000 in attorneys fees as not only is it higher then the actual amout for damages.

And that is why 99% of the time a creditor will drop a case or settle for pennies on the dollar when somebody starts to mount an aggressive defense.

You may have other grounds for appeal but this is not one of them.

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Thanks to both of you! (:

I think Im gong to call an attorney over there (Indiana) for a consult, Im in florida.

I did this case pro se even after my husband kept telling me we needed an attorney - but I knew they didnt have any proof because we didnt leave the rental needing all the things they said.

Either way even if count 1 sticks I still think the 3000 is probably a mistake But I really dont know? - is it common for courts to grant attorneys fee's 2 times above what they asked for??

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