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Lawyer: BMV Overcharge Suit Will Proceed If Pence Doesn't Step In


The attorney leading a class-action suit over BMV overcharges says Governor Pence should take a hand in settling the case.

A Marion County judge this week refused to throw out the suit, which seeks repayment of up to $40 million in overcharges stretching back through 13 years and four governors.

The judge ordered both sides to return to mediation to settle the case, but attorney Irwin Levin says he‘s not convinced the state is serious about settling.

Levin says the BMV has gone through four commissioners and three general counsels since the suit was filed. But he argues instead of sending the general counsel or the agency‘s outside attorney to negotiate, the governor‘s office should involve itself directly.

An audit ordered by Pence found $60 million in overcharges, as well as some undercharges. The state has already repaid half that amount. But the lawsuit demands repayment of an additional $40 million in older overcharges.

Levin says he‘s prepared to go to trial if a settlement can‘t be reached.

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