Legal Question in Credit and Debt Law in Utah

I was sued for $1300 plus 24.65% APR, and Legal fees totaling 417. After the judgement, my wages were garnished. I set up an Excel spread sheet to calculate the interest, and using the information from the plaintiffs lawyer inserted the payments that have been made. I thought that using a system like this I could insure that I had some idea where about I was in my repayments. So when it got right down to the end of the payments they added about 200 dollars with no real explanation other that the plaintiffs accounting was different than theirs was. The wording of the complaint was This "Wherefore the plaintiff prays judgement against the defendant in the sum of $1300, together with interest and attorney's fees as set forth above, cost of court and general relief." So my question is once the judgement was rendered can the plaintiff just add other fees that are outside of that judgement?

Asked on 9/06/09, 6:49 pm

1 Answer from Attorneys

Glen Neeley Glen W. Neeley, Attorney at Law, P.C.

This is a good question. The wording of the complaint is not the controlling language. The wording of the judgment is what controls. If the Court awarded those fees and costs, it cannot be arbitrary. The Plaintiff must give an accounting of the costs and fees collected. The Plaintiff can only get what the Court approves. Request an accounting.

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Answered on 9/14/09, 9:35 pm

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