When Cash Store failed to appear or respond, Ms

When Cash Store failed to appear or respond, Ms

S. Bank to satisfy Cash Store’s indebtedness, now equal to $27,739

On , Ms. Johnson filed a summons and complaint against Cash Store alleging unconscionability and Consumer Protection Act (CPA) violations in the making and enforcing of the loan terms, including usurious interest rates against public policy and unfair business practices in the form of harassment. Ms. Fish sent the summons and complaint back to Ms. Johnson’s counsel in separate envelopes on November 15. In each envelope she attached a note stating that Ms. Johnson’s debts were paid off in .

Johnson filed a notice of intent to file for default judgment on . This notice was mailed to the North Pines Road Cash Store and stated that the hearing on the motion for default judgment would be held on at 10 a.m. in the ex parte courtroom. The hearing was held and an order of default was entered on December 27. Cash Store did not appear.

Ms. Johnson’s motion to set a hearing for damages was not sent to Cash Store. 1 At the hearing on damages held ages for the total amount paid to Cash Store (3 x $1,740 = $5,220), plus $42,000 for emotional distress (twice the value of the foreclosure costs), and attorney fees and costs. The trial court found the treble damages and attorney fees reasonable and awarded them, adjusted by a slightly lower rate. Continue reading “When Cash Store failed to appear or respond, Ms”