mspammy

Advice/Assistance Please- Motion to Correct Error

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I am in need some assistance please. After a two year battle with a law suit we finally have judgment. There were two counts against me for a rental 10 years ago in Indiana.

Count I was for $2,300 for cleaning/damages/paint/ rent and $1000.00 for attorney fees.

Count II was for $10,000 for fraud claiming defendant used false info on the rental application. And says Defendants actions and the approximates cause of plaintiffs damages for breach of contract, damages to said property, attorneys fees and the prosecution of this action, the costs of this action and interest and for punitive damages.

Here is how the judgment reads – Varies needs for cleaning and repairs we adequately proven to be 2,300. Collection efforts were made but without a level of diligence that would satisfy the Court that any pre-judgment interest ought to be awarded.

The Plaintiff claims fraud as they relied on false information provided to obtain credit reports – the court is not persuaded for these reasons: the credit reflected on the report is bad and does not seem in several parts to related to the persons applying and the reports themselves appear to have been prepared after the end of the lease, not relied upon to initiate the lease contract.

Attorney fees are recoverable under the lease and the court finds that the bulk of those fees $3000.00 relate to the basic collection effort. A small portion of the fees about that sum appear to relate to presentation of the fraud theory which is not adequately supported in the facts.

Therefore judgment against the defendants in the sum of $5,300 2,3000 damages plus 3,000 attorney fees plus court cost.

I really think the judge should have just ordered 1000.00 in attorney fees for count I and think he listed 3000 by mistake.

Or is it common to order more attorney fees then they asked for as they also would it be common to award 3000 in attorney fees on a 2300 Judgment?

So after some research it looks like I need to file a “motion to correct errors” however I’m having difficulties’ finding sample ones just so that I can get help with wording and such.

Does anyone else think the 3000 might be by mistake? Also does anyone have and samples/ideas/suggestion on how wording would go?

Thanks so much.

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