USA v. Forbes

Filing 11

DEFAULT JUDGMENT in favor of USA against Marco S. Forbes. The Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 3/7/2015. (JM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: 8:14-CV-3013-T-17AEP UNITED STATES OF AMERICA, Plaintiff; v. MARCO S. FORBES, Defendant. ; ) ) ) ) ) ) ) ) ) DEFAULT FINAL JUDGMENT This matter having come before the Coprtupon Plaintiff, United States of America’s Motion for Entry of Default Final Judgment against defendant, Marco S. Forbes, and the Court having reviewed the pleadings submitted on behalf of the Plaintiff, and having further noted the entry of . • • : A’ ' : . • 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 p , ORDERED AND ADJUDGED that judgment is hereby entered in favor of Plaintiff, the United States of America, and against Defendant, Marco S. Forbes, upon the Complaint herein, and it is further ORDERED AND ADJUDGED that Plaintiff recover of the defendant, Marco S. Forbes, the sum of $2,456.97, consisting of $830.00 unpaid principal, plus $581.97 in interest at the rate of 5.00% for.AcpountNo. 2014A55633 through February 25,2015 in accordance with the supporting documentation attached as Exhibit "B" to Plaintiffs 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 $45.00, according to Exhibit “D”, plus Attorney’s fees of $1,000.00, see Exhibit “C”. The Government is entitled to attorney’s fees under the Higher Education Act of 1965,20 CASIc Alo. S .- H - L I/- b O l 3 - T 'i ? A £ P tl.S .C §1087a etsea., (the “Act”); The Act provides that in addition to the terms of any promissory I j; . note, “a borrower who has defatilted 6nl a; [Student] loan shall be required to pay. . . reasonable collection .posts.” 20 U.S.C. § 1091a(b)(l); United States v. Vilus. 419 F. Supp.2d 293, 29697(E.D.N.Y. 2005). 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 • • ..'V • i'.V . ' • - 30.60.” 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 ' ■ •I'..’ , - : . .iUi'u’ UP. o 5 1 • • • •• ‘-' ' • * ■ ORDERED AND ADJUDGED that this judgment shall bear interest at the rate as prescribed by28U.S.C. §1961, and shall be enforceable as prescribed by 28 U.S.C. § 2001. etseq.. 28 U.S.C. § 3001-3307, and Rule 69(a), Federal Rules of Civil Procedure. Plaintiff’s address is: Becker & Poliakoff P.A.,121 Alhambra Plaza 10th Floor, Coral Gables, FL 33134 and U.S. Department of Education 50 Beale St., Suite 8601 San Francisco, CA 94105. Defendant’s address is: Marco S. Forbes, 5888 25th Way South, Saint Petersburg, FL 33712. l ['■■■'' DONE AND ORDERED in Chambers. in T ftm ftfr . FL, this ( a dav of

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