Help with collector.

[Ethanix]

Indiana
I have recently received a summons from a debt collector. While I really want to fight a few of these charges that I do not feel that I owe, I am trying to buy a home. The loan agent that I am working with has warned me that I have a judgment against me that it will make my situation worse... So I got the money which is listed on my summons, debt amount plus attorney fees, and called the collector to get a dismissal. They then informed me that the summons amount is not the full amount, that I will need an additional amount for unlisted court fees. At this point I am feeling duped... Should I call back and argue the fee or just get an attorney, go to court and hope the judge throws out the attorney fees and court cost?

 

[latigo]

Indiana
I have recently received a summons from a debt collector. While I really want to fight a few of these charges that I do not feel that I owe, I am trying to buy a home. The loan agent that I am working with has warned me that I have a judgment against me that it will make my situation worse... So I got the money which is listed on my summons, debt amount plus attorney fees, and called the collector to get a dismissal. They then informed me that the summons amount is not the full amount, that I will need an additional amount for unlisted court fees. At this point I am feeling duped... Should I call back and argue the fee or just get an attorney, go to court and hope the judge throws out the attorney fees and court cost?

Not sure what "fee(s)" you're considering arguing over.

You write that you have the money to pay the amount asked in the prayer of the compliant, plus attorney fees.

Is your dispute with the amount demanded for attorney fees, or the "unlisted court fees".

If it is only "court fees", that would be but a nominal figure - to this point just the court filing fee and what was paid the process server. ($150 or so)

As for disputing the plaintiff's claim for attorney fees I can't offer much help without knowing the nature of the debt and the circumstance whereby it arose. Indiana follows the American Rule that allows the prevailing party reasonable attorney fees only if provided by statute or contract.

Plus they are never a predetermined fixed amount. The attorney for the prevailing party must submit to the judge a claim accompanied by and affidavit detailing the services, hours, rates, etc. And then only allowed in a reasonable amount as part of the costs.

But I can assure you that if they are a subject that can be properly awarded as costs in this instance ; the case goes to trial and you lose, the judge is not going to throw anything out!

ALSO, you should be aware that if you choose to defend the lawsuit without perceivable legal grounds, you could become a victim of what is often referred to as "Rule 11" (Indiana Code Section 34-1-32-1) and be taxed the opponent's attorney fees whether or not authorized by statute or contract.

And arguing over prospective costs would not be perceived as legal grounds.

 

[Zigner]

latigo is an attorney while I am not. I'll rephrase the absolutely correct information that latigo gave in a layman's terms:

According to your contract, I'm sure they are allowed to recover the filing feels and the filing fees are never actually listed on the summons. Yes, you owe for the fees. Furthermore, if your goal is to clean up your credit file for a home purchase, then it's in your best interest to kick in the relatively small amount they are requesting.

 

[Ethanix]

My dispute is that I do not agree with the amount that I am being sued, but out of convenience I opted to pay a large sum that was listed on the summons. They are going to take me to court for 120 ish extra that I was not aware of prior to calling to settle. It is just irritating, I know. It is a small sum and I should just pay it and could but wanted to know what my options were without having to drive three miles out of my way to talk to an attorney. Seems I can fax a dispute letter to the attorney for the collector and possibly have the fees waived.

 

[Zigner]

My dispute is that I do not agree with the amount that I am being sued, but out of convenience I opted to pay a large sum that was listed on the summons. They are going to take me to court for 120 ish extra that I was not aware of prior to calling to settle. It is just irritating, I know. It is a small sum and I should just pay it and could but wanted to know what my options were without having to drive three miles out of my way to talk to an attorney. Seems I can fax a dispute letter to the attorney for the collector and possibly have the fees waived.

You can ASK that they waive the fees, but frankly, they know they have you by the short-hairs. Just pay the $120 and be done with it...no sense in peeing in to the wind on this one.

 

[IslandProcess]

My dispute is that I do not agree with the amount that I am being sued, but out of convenience I opted to pay a large sum that was listed on the summons. They are going to take me to court for 120 ish extra that I was not aware of prior to calling to settle.

It's not unusual for an attorney to indicate an incomplete (or incorrect) dollar amount on the summons and complaint. Usually, they don't know what the total cost will be before they file the summons. They can only estimate the interest and court fees, since the amounts will vary depending on when they finally get paid.

They likely see themselves in a position to collect everything you owe. Professional debt collectors are often experienced attorneys that know exactly what it means when a debtor suddenly calls them to "settle". They know you wouldn't contact them without a good reason. In this situation it's relatively standard for you to pay all costs, so the best advice is to pay it quickly and move on.

Congratulations on your new home!