Taylor v. Commercial Recovery Systems, Inc.

Filing 10

ORDER: Plaintiff's Motion for Default Final Judgment 8 is GRANTED. The Clerk is directed to enter Final Judgment in favor of Plaintiff and against Defendant in the amount of $5,000. The Clerk is directed to close this case and termina te any pending motions as moot. The Court reserves jurisdiction on an award of attorney's fees and costs. Plaintiff shall file any motion for attorney's fees and costs within 14 days. Signed by Judge James S. Moody, Jr on 8/28/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CHERYL TAYLOR,
Plaintiff,
v.

CASE NO. 8:13-cv-01286-T-30MAP

COMMERCIAL RECOVERY
SYSTEMS, INC. (a Texas foreign
corporation),
Defendant.
____________________________________/

DEFAULT FINAL JUDGMENT AGAINST DEFENDANT
THIS CAUSE comes before the Court on Plaintiff's Motion for Default Final
Judgment (Dkt. 8). The Court, having reviewed the motion, Plaintiff’s complaint, and
being otherwise advised in the premises, concludes that the motion should be granted.
On May 14, 2013, Plaintiff filed her complaint, alleging acts or omissions of
Defendant in violation of the Fair Debt Collection Practices Act (“FDCPA”), the Florida
Consumer Collection Practices Act (“FCCPA”), and the Telephone Consumer Protection
Act (“TCPA”) (Dkt. 1).

On July 18, 2013, a Clerk’s default was entered against

Defendant (Dkt. 6). Plaintiff now moves for a default final judgment. Plaintiff seeks
statutory damages in the amount of $5,000, consisting of $1,000.00 under the FDCPA,
$1,000.00 under the FCCPA, and $3,000 under the TCPA.

The Court agrees that Plaintiff is entitled to statutory damages in the amount of
$5,000. The complaint alleges with specific details and facts Defendant’s numerous
willful violations of the relevant statutes. Defendant’s failure to appear or defend this
action amounts to an admission of these alleged violations.
It is therefore ORDERED and ADJUDGED that:
1.

Plaintiff's Motion for Default Final Judgment (Dkt. 8) is GRANTED.

2.

The Clerk is directed to enter Final Judgment in favor of Plaintiff and

against Defendant in the amount of $5,000.00, for all of which let execution issue. This
amount shall accrue post-judgment interest at the statutory rate.
3.

The Clerk is directed to close this case and terminate any pending motions

as moot.
4.

The Court reserves jurisdiction on an award of attorney’s fees and costs.

Plaintiff shall file any motion for attorney’s fees and costs within fourteen (14) days of
this Order.
DONE AND ORDERED at Tampa, Florida on this 28th day of August, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2013\13-cv-1286.defaultFJ.doc