BMV asks judge to throw out fee lawsuit

INDIANAPOLIS (WISH) – A Marion County judge will decide if a lawsuit against the BMV will go to trial.

It involves as much as $60 million in overcharges and the BMV is asking that the lawsuit be thrown out. Lawyers for the state agency say that would be in the best interest of taxpayers and that the BMV will be held accountable.

But attorney Irwin Levin is seeking a trial on the class action suit he filed that accuses the BMV of both overcharging fees and failing to pay timely refunds. The overcharges began in 2002 and a recent independent study of BMV procedures found that they continue today.

In 2013, the BMV put steps in motion to identify and refund overcharges and its attorney argued Monday that paying fees to Levin and paying tens of millions of dollars in interest is contrary to the public interest.

“We made some, what we consider to be compelling legal arguments,” said Carl Hayes, “and we’re anxious for the court to rule.”

“The problem is, is that they’re not going to pay all the money that’s overcharged,” said Levin.

“They’re going to pick and choose just as they’ve done thus far who they’re going to pay and how much they’re going to pay,” he said, “and they’re not going to pay any interest.”

Judge John Hanley has taken the case under advisement.

He can throw it out or let it continue to a trial that is already set for December.