USA v. Friend

Filing 9

Final Summary Judgment. Order granting 8 Motion for summary judgment. (See Order for details.) The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr on 8/3/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CASE NO. 8:15-CV-1123-T-30AEP

UNITED STATES OF AMERICA,
Plaintiff,
v.
JULIUS A. FRIEND,
Defendant.

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FINAL SUMMARY JUDGMENT
This matter having come before the Court upon Plaintiff, United States of America’s
Motion for Entry of Final Summary Judgment against Defendant, Julius A. Friend, (Dkt. #
8) and the Court having reviewed the pleadings submitted on behalf of the Plaintiff and for
good cause shown, it is hereby
ORDERED AND ADJUDGED that Plaintiff’s Motion for Summary judgment
(Dkt. #8) is GRANTED, it is further
ORDERED AND ADJUDGED that judgment is hereby entered in favor of Plaintiff,
the United States of America, and against defendant, Julius A. Friend, upon the Complaint
herein, and it is further
ORDERED AND ADJUDGED that Plaintiff recover of the defendant, Julius A.
Friend, the sum of $10,878.65 ($6,382.23 in principal and $4,496.42 in interest at the rate
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of 7.00% for Account No. 2015A04935). In accordance with the supporting documentation
attached as Exhibits “A” and “B” to Plaintiff’s Motion for Summary Judgment, together
with taxed costs in the amount of $1,055.00 consisting of a Fee for Service and Travel, per
28 U.S.C § 1921 of $75.00 (Exhibit “D”) plus Attorney’s Fees of $980.00 (Exhibit “C”).
The Government is entitled to attorney’s fees under the Higher Education Act of 1965, 20
U.S.C §1071 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)(1); United States v. Vilus, 419 F.
Supp.2d 293, 296-97(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 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
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’s
address is: Becker & Poliakoff P.A., 121 Alhambra Plaza 10th Floor, Coral Gables, FL
33134. Defendant’s address is: Julius A. Friend, 5151 Chet Drive, New Port Richey,
Florida 34652.

The Clerk of Court is directed to close this case.
DONE AND ORDERED in Chambers, in Tampa, Florida this 3rd day of August,
2015.

Copies furnished to:
Steven M. Davis, Esq. (Two Certified Copies)
Julius A. Friend
S:\Odd\2015\15-cv-1123 final judgment.docx

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