Tag: default judgment

W.D.N.C.: Deal v. Trinity Hope Associates, LLC- Default Judgment under FDCPA

 

Summary:

Default Judgment was entered in favor of Ms. Deal for violations of the FDCPA by Trinity Hope Associates, which failed to respond to the Complaint.

Commentary:

The only aspect that is interesting is that this is a 10-page opinion finding default, where the defendant did not answer.

For a copy of the opinion, please see:

Deal v. Trinity Hope Associates, LLC- Default Judgment under FDCPA Read More

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4th Circuit: RDLG, L.L.C. v. Leonard- Default Judgment as Sanction

Summary:

RDLG filed suit against Leonard alleging a pattern of fraudulent activity. Attorneys Lankford and Neyhart entered appearances for Leonard and were still attorneys-of-record when the district court set a pre-trial conference for October 3, 2012. On September 30, 2012, Lankford and Neyhart filed a motion seeking to both continue the October 3rd hearing and also to withdraw as counsel, due to both a lack of communication and payment from Leonard. Lankford had waited to file such motion because Leonard had indicated that he intended to file bankruptcy on September 28th, which would have precluded the October 3rd hearing. Lankford also indicated that she would be in Puerto Rico on October 3rd.… Read More

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NC Court of Appeals: Coastal Federal Credit Union v. Falls-Entry of Default by Clerk of Court allowed only if no appearance made by Defendants

Summary:

Coastal Federal Credit Union (CFCU) filed suit against the Debtors in May 2010 for following an alleged default on a retail sales installment contract for the purchase of a vehicle.  On June 18, 2010, after no answer had been filed, CFCU sought an entry of default and default judgment, both of which were allowed by the Clerk of Court  pursuant to North Carolina Rule of Civil Procedure 55(b)(1).

The Debtors subsequently sought to set aside the default judgment, arguing that they had made payment arrangements with the attorneys for CFCU.  As such, the Debtors argued that they had made “an appearance” in the case and CFCU instead should have been required to seek entry of default and a default judgment under Rule 55(b)(2), which requires 3 days notice of the hearing. … Read More

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