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Indiana judge weighs fate of BMV fee overcharges case


 A central Indiana judge is weighing the fate of a lawsuit alleging that the Bureau of Motor Vehicles overcharged motorists by tens of millions of dollars for fees and services.

BMV attorney Carl Hayes asked a Marion County judge Monday to dismiss the lawsuit. He argued the plaintiff named in the case didn’t file a required tort claim notice before filing the lawsuit.

But the plaintiff’s attorney Irwin Levin (Luh-VIHN’) argued that the plaintiffs’ complaint seeking repayment of what it calls unlawfully charged fees alleges “unjust enrichment” and isn’t a tort claim.

Monday’s hearing came a week after an independent audit concluded the BMV lacks oversight, uses a complex fee schedule and may have overcharged motorists more than it has previously disclosed.

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