Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beltran v. First U.S. Capital, LLC

United States District Court, M.D. Florida, Tampa Division

November 29, 2017

JUAN BELTRAN, Plaintiff,
v.
FIRST U.S. CAPITAL, LLC, Defendant.

          ORDER

          VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES DISTRICT JUDGE.

         This cause is before the Court pursuant to Plaintiff Juan Beltran's Motion for Final Default Judgment (Doc. # 19), which was filed on November 21, 2017. In the Motion, Beltran requests a default final judgment against Defendant First U.S. Capital, LLC in the amount of $6, 584.90, comprised of $2, 000.00 in statutory damages, $3, 780.00 in attorney's fees, and $804.90 in costs. For the reasons that follow, the Court grants the Motion to the extent it directs the Clerk to enter Judgment in the amount of $6, 305.50.

         I. Default Judgment

         Federal Rule of Civil Procedure 55(a) sets forth the following regarding an entry of default:

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

         A district court may enter a default judgment against a properly served defendant who fails to defend or otherwise appear pursuant to Federal Rule of Civil Procedure 55(b)(2). DirecTV, Inc. v. Griffin, 290 F.Supp.2d 1340, 1343 (M.D. Fla. 2003).

         The mere entry of a default by the Clerk does not, in itself, warrant the Court entering a default judgment. See Tyco Fire & Sec. LLC v. Alcocer, 218 F. App'x 860, 863 (11th Cir. 2007) (citing Nishimatsu Constr. Co. v. Hous. Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). Rather, a court must ensure that there is a sufficient basis in the pleadings for the judgment to be entered. Id. A default judgment has the effect of establishing as fact the plaintiff's well-pled allegations of fact and bars the defendant from contesting those facts on appeal. Id.

         II. Analysis

         Beltran initiated this action on July 19, 2017, by filing a two count Complaint against First U.S. Capital, LLC. (Doc. # 1). In Count One, Beltran alleges that First U.S. Capital, LLC violated the Fair Debt Collection Practices Act and in Count Two, Beltran alleges that First U.S. Capital, LLC violated the Florida Consumer Collection Practices Act. Among other detailed allegations, Beltran claims that First U.S. Capital, LLC:

never provided any information to Mr. Beltran about the Alleged Debt, including but not limited to, when the Alleged Debt was incurred, what the Alleged Debt was for, and who the original creditor was . . . call[ed] Mr. Beltran repeatedly on numerous occasions . . . plac[ed] multiple harassing phone calls to both Mr. Beltran and his employer . . . [and mislead] Mr. Beltran into thinking Defendant was an attorney or law firm.

(Doc. # 1 at ¶¶ 21-24).

         First U.S. Capital, LLC did not respond to the Complaint, and on November 1, 2017, Beltran sought entry of a Clerk's Default against First U.S. Capital, LLC. (Doc. # 14). On November 2, 2017, the Clerk entered a Default against First U.S. Capital, LLC. (Doc. # 15). As explained below, and based upon the Clerk's Default and the well-pled factual allegations contained in the Complaint, the Beltran has established that First U.S. Capital, LLC violated the FDCPA and the FCCPA.

         A. Statutory Damages

         To state a claim under the FDCPA, a plaintiff must establish that (1) he has been the object of collection activity arising from consumer debt, (2) the defendant is a debt collector, and (3) the defendant engaged in an act or omission prohibited by the FDCPA. Fuller v. Becker & Poliakoff, P.A., 192 F.Supp.2d 1361, 1366 (M.D. Fla. 2002). The Complaint alleges that the debt is consumer debt and concerns a transaction “primarily for personal, family or household purposes.” (Doc. # 1 at ¶¶ 14-15). Beltran also alleges that First U.S. Capital, LLC is a debt collector. (Id. at ¶¶ 6, 14, 17, 18). The Complaint's allegations also demonstrate that First U.S. Capital, LLC violated several provisions of the FDCPA, including 15 U.S.C. § 1692e(2)(a), 15 U.S.C. § 1692e(3), 15 U.S.C. § 1692e(5), 15 U.S.C. § ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.