USA v. Thompson

Filing 9

ORDER granting 8 Motion for Default Judgment. The Clerk of Court is directed to enter judgment for the plaintiff as set out in the order and to close this case. Signed by Judge Elizabeth A. Kovachevich on 1/15/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.

CASE NO. 8:14-CV-2782-T-EAK-AEP

TOMMY E. THOMPSON,
Defendant.
______________________________/
DEFAULT FINAL JUDGMENT

This matter having come before the Court upon Plaintiff, United States of
America's, Motion for Entry of Default Final Judgment against Defendant, Tommy E.
Thompson, and the Court having reviewed the pleadings submitted on behalf of the
Plaintiff, and having further noted the entry of default as to the defendant for failure to
answer or otherwise plead to the summons and complaint served by the Plaintiff, and for
good cause shown, it is hereby
ORDERED AND ADJUDGED that judgment is hereby entered in favor of
Plaintiff, the United States of America, and against Defendant, Tommy E. Thompson,
upon the Complaint herein, and it is further

ORDERED AND ADJUDGED that Plaintiff recover of the Defendant, Tommy
E. Thompson, the sum of $12,648.86 consisting of $1,428.55 unpaid principal, plus
$2,312.83 in interest at the variable rate of 3.420% for Account No. 2012A27226 and
$2,778.57 unpaid principal, plus $5,148.81 at the rate of 8.000% for Account No.
2012A27334 through December 18, 2014, in accordance with the supporting
documentation attached as Exhibits "B" and "C" to Plaintiff’s Motion for Entry of Default
Final Judgment, per annum to the date of this judgment, together with a Fee for Service
and Travel, per 28 U.S.C § 1921 of $40.00, plus Attorney's fees of $940.00.
The Government is entitled to attorney's fees under the Higher Education Act of
1965, 20 U.S.C § 1070 et seq., (the "Act"). The Act provides that in addition to the terms
of any promissory note, "a borrower who has defaulted on a [student] loan shall be
required to pay ... reasonable collection costs." 20 U.S.C. § 1091a(b)(l); United States v.
Vilus, 419 F. Supp.2d 293, 296-97. One of the statute’s implementing regulations
specifies that “[i]f a borrower defaults ... the Secretary [i.e., the Government] assesses
collection costs on the basis of 34 C.F.R. § 3060 34 C.F.R. § 685.202(e)(2). In turn, 34
C.F.R. § 3060 provides that the Government "may charge a debtor for the costs associated
with the collection of a particular debt [i.e., a defaulted student loan]. These costs include
... [c]ourt costs and attorney fees." 34 C.F.R § 30.60(a)(8) for all of which sums let
execution issue. It is further,

ORDERED AND ADJUDGED that this judgment shall bear interest at the rate as

prescribed by 28 U.S.C. § 1961, and shall be enforceable as prescribed by 28 U.S.C. §
2001, et seq., 28 U.S.C. §3001-3307, and Rule 69(a), Federal Rules of Civil Procedure.
Plaintiff’ address is: Becker & Poliakoff P.A., 121 Alhambra Plaza 10th Floor, Coral
Gables, Florida, 33134 and U.S. Department of Education, 50 Beale St., Suite 8601, San
Francisco, California, 94105. Defendant's address is: Tommy E. Thompson, 4306
Sherwick Drive, Tampa, Florida, 33610.
DONE AND ORDERED in Chambers, in Tampa, Florida, this 15th day of
January, 2015.

cc: Steven M. Davis, Esq.(Two Certified Copies)
Tommy E. Thompson, Pro Se