HI&J Investments et al v. Bursar-Cambist et al
Filing
45
MEMORANDUM DECISION AND ORDER-the court GRANTS the Motion to Renew Judgment 42 . Judgment against Defendants Bursar-Cambist Inc. (dba Mortgage Express) and Vincent Curry jointly and severally is hereby renewed in favor of HI&J Investm ents, LLC as follows: For the sum of $2,373,863.01;Together with post-judgment interest at the rate of 0.45 percent per annum from December 22, 2008 until this Judgment is paid in full. See Order for further details. Signed by Judge Clark Waddoups on 12/14/16. (jmr)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
HI&J INVESTMENTS LLC, a Utah limited
liability company, and BTN TRACKER, LLC,
a Utah limited liability company,
MEMORANDUM DECISION
AND ORDER
Plaintiffs,
Case No. 2:08-cv-633 CW
vs.
Judge Clark Waddoups
BURSAR-CAMBIST, INC., a Texas
corporation d/b/a MORTGAGE EXPRESS,
and VINCENT CURRY, a Texas resident.
Defendants.
INTRODUCTION
On December 22, 2008, the court entered Default Judgment against Defendants BursarCambist Inc. (dba Mortgage Express) and Vincent Curry in favor of Plaintiff for $2,373,863.01.
(Dkt. No. 13). For approximately two years, Plaintiff HI&J Investments, LLC has attempted to
renew that judgment, but the court has denied renewal based on insufficient service of process.
On November 3, 2016, Plaintiff filed a new Motion to Renew Judgment that delineates the
efforts Plaintiff has undertaken to locate and serve the defendants.
Based on Plaintiff’s
collective efforts over the past two years, the court grants the motion to renew judgment.
ANALYSIS
Utah Code authorizes renewal of a judgment, provided six conditions are met. First, a
motion must be filed in the original action. Utah Code Ann. § 78B-6-1802(1). Plaintiff has
satisfied this requirement. Second, “the motion must be filed before the statute of limitations on
the original judgment expires.” Id. § 78B-6-1802(2). Under Utah law, “judgment shall continue
for eight years from the date of entry in a court.” Id. § 78B-5-202(1). Plaintiff filed its motion
before eight years had elapsed. It therefore has satisfied the second requirement.
Third, the motion must include an affidavit that details what payments have been made
and the balance that is remaining. Id. § 78B-6-1802(3). Plaintiff has provided the required
affidavit showing that no payments or offsets have been made to satisfy the judgment. Plaintiff
also has provided a calculation for post-judgment interest. As of December 22, 2008, the postjudgment interest rate was 0.45% per annum, which equals .0375% per month. Thus, Plaintiff
has satisfied the third condition.
Fourth, the court must find that the facts in the affidavit are accurate.
The court
concludes the principal and interest rate are accurate as stated in the affidavit. The fourth
condition also requires Plaintiff to provide notice of the motion to defendants by sending it “to
the most current address known for the judgment debtor.” Id. § 78B-6-1802(4). Plaintiff has
engaged in multiple attempts to serve the defendants, including conducting searches through a
service at TransUnion and hiring a private investigator. Those efforts show defendant Vincent
Curry may be attempting to hide his location; thus, making service of the motion problematic.
Over the past two years, Plaintiff has mailed notice to the last addresses of record for BursarCambist, Inc. and to multiple addresses where Vincent Curry may be located.
The court
concludes those efforts satisfy the requirement to send notice “to the most current address known
2
for the judgment debtor.”
Fifth, the time for responding to the motion must have expired. This requirement has
been satisfied. Sixth, all court fee requirements must have been paid, which Plaintiff has also
satisfied.
ORDER
Based on the foregoing, the court GRANTS the Motion to Renew Judgment. (Dkt. No.
42). Judgment against Defendants Bursar-Cambist Inc. (dba Mortgage Express) and Vincent
Curry jointly and severally is hereby renewed in favor of HI&J Investments, LLC as follows:
1.
For the sum of $2,373,863.01;
2.
Together with post-judgment interest at the rate of 0.45% per annum from
December 22, 2008 until this Judgment is paid in full.
DATED this 14th day of December, 2016.
BY THE COURT:
____________________________________
Clark Waddoups
United States District Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?