USA v. Wilson

Filing 11

ORDER granting 10 Motion for Default Judgment and entering judgment for the plaintiff against the defendant. See order for details. The Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 6/9/2015. (SN)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO.: 8:15-CV-00584-EAK-MAP

UNITED STATES OF AM ERICA,

)

)
Plaintiff.
v.

)
)

)
BRIAN G. WILSON,

)

)
Defendant.

DEFAULT FINAL JUDGMENT

)
)

This matter having comc before the Court upon Plaintiff, United States of America’s Motion
I'or Entry o f Default Final Judgm ent against defendant, Brian G. W ilson, and the Court having
reviewed the pleadings submitted on behalf o f the Plaintiff, and having further noted the entry o f
default as to the defendant for failure to answer or otherwise plead to the Sum mons and Complaint
served by the plaintiff, and for good cause shown, it is hereby
ORDERED AND ADJUD GED that judgm ent is hereby entered in favor o f Plaintiff, the
United States o f Am erica, and against Defendant, Brian G. W ilson, upon the Com plaint herein, and
il is further
ORDERED AND AD JUDGED that Plaintiff recover o f the defendant, Brian G. Wilson, the
sum o f $13,319.89, consisting o f .$6,842.33 in unpaid principal, plus $6,477.56 in interest at the
variable rate o f 3.27% through May 20, 2015 in accordance with the supporting documentation
attached as Exhibit "B" to Plaintiffs M otion for Entry o f Default Final Judgment, per annum to the
date o f this judgment, together with a Fee for Sen'ice and Travel, per 28 U.S.C § 1921 o f $50.00.
See Exhibit “D”, plus A ttorney’s fees o f $960.00, see Exhibit ”C ’\
The Government is entitled to attorney’s fees under the Higher Education Act o f 1965, 20

IJ.S.C § 1071 el seq., (the “A ct”). The Act provides that in addition to the terms o f any promissory
note, “a borrower who has defaulted on a [student] loan shall be required to pay . . . reasonable
collection costs.’' 20 IJ.S.C. § 1091a(b)(l); United States v. V ilus, 419 F. Supp.2d 293, 29697(E.D.N.Y. 2005). One o f the statute’s implementing regulations specifies that "| i |f a borrower
defaults...the Secretary [i.e., the Government] assesses collection costs on the basis o f 34 C.F.R
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 o f a particular debt [i.e., a defaulted
student loan]. These costs include... [cjourt 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 ADJUD GED that this judgm ent shall bear interest at the rate as prescribed
by 28 IJ.S.C. §1961, and shall be enforceable as prescribed by 28 IJ.S.C. §2001, et se£., 28 U.S.C.
§3001-3307, and Rule 69(a), Federal Rules o f Civil Procedure. P la in tiffs address is: Becker &
Poliakoff P.A., 121 Alham bra Plaza 10th Floor, Coral Gables, FL 33134 and U.S. Department o f
Education 50 Beale St., Suite 8601 San Francisco, CA 94105. D efendant’s address is: Brian G.
Wilson. 115 Poinciana Lane, Largo, FL 33770.

CLc££

T H as

r

o f CO iA ^C S+-V-* < vj
-

C -iV sc .

DONE AND ORDERED in Chambers, in '^ a w ^ y t
2 0 15 .

Brian G. W ilson, Pro Se

, FL, this T ^ d u y o f