She will be better off calling the court and requesting copies then. When I get my password, I will let everyone know.
Well, you are going to have to get all the facts in the case before you can do anything at all. If you don't have all the facts in the case, you will get nowhere fast
Where do you get you're information that attorney fees can't be added to a lawsuit. It is my understanding that the plaintiffs are entitled to attorney fees if they prevail in a lawsuit. If not, I would love to know where it states that the fees cannot be added to the judgment.
In Louisiana a creditor is entitled to default rate interest i.e. the rate stated in the note until judgement, thereafter they are entitled to legal interest i.e. the rate set by the legislature on a yearly basis. Also they are entitled to attorney fees if stipulated in the note you signed. All car loan notes have just such stipulations. The amount of the attorney fees must be reasonble and will be determined by the court. The default judgement itself may be obtained by affadavit or by testimony of someone familiar with the account. If you were not served personally with the suit for deficiency then the judgment itself had to have been served upon you to be valid. Also if you were living out of state when the judgement was taken you have a jurisditional issue.
Sorry, but your understanding appears to be in error. See Spears V. Brennan Brennan sued Spears and obtained judgement. Spears appealed, I think to the 7th judicial district of indiana (could be wrong about the venue) and the apellate court ruled that because the attorney-client relationship is between the attorney and the creditor, the creditor must bear the cost of attorney fees. The Spears court was also quite vocal in other matters in knocking down the Brennan judgement. Interesting case indeed. If you can't find the case, let me know and I will find it for you. I've really been needing to do that anyway.
BBauer you are dangerous. Louisiana does allow for attorney fees when a judgement is obtained. All you have to do is show that the the debtor agreed to such fees in the note. Essntially all notes used here have such stipulations. You spout off about stuff you know nothing about as if its true when you relly dont know jack.
I don't know jack, but I do know Spears v. Brennan and I do know that your point about the need for such a clause in the contract. That point was not brought out by the poster and even though state law does allow for such charges if included in the contract, state law is meaningless until it has been ruled on by a court of competent jurisdiction. State or Federal legislators can pass laws till the cows come home and the chickens come in to roost, but they don't mean a thing until they have been ruled on by a court of law of competent jurisdiction. So before you start putting me down and calling me dangerous and telling me I don't know jack or harry or tom or dick, you need to see what the courts have had to say on the issue. I've posted my court rulings and I know what the courts have had to say on the issue. So until you come up with a reference to a court case by a court of equal or higher authority, you best not be trying to act like you know so much and I'm so stupid. A law isn't worth jack until it's been ruled on by a court of law of competent jurisdiction. Mine is an appellate court ruling. That's just below state supreme court. So before you can run around shooting off your mouth, come up with a supreme court ruling or quit putting me down
And before you go about jacking your jaws, I'd also suggest that you look at 15 USC § § 1692e(2)(B) and 1692 f (1) In the Indiana Court of appeals case #49A02-0003-CV-169, March 2001, the Indiana Court of appeals did not rely on some silly Louisiana law to make their ruling, They went straight to FDCPA and since federal law preempts state law, they came up with the right answer.
