Connecticut Community C.U., Inc. v. Shawna Joskiewich (2009)

MEMORANDUM OF DECISION RE HEARING IN DAMAGES

Plaintiff credit union brought this action to recover the balance due on a $15,000 promissory note executed and delivered by the defendant.   Defendant used the note proceeds to purchase an automobile which was pledged as security for the loan.   After defendant defaulted on the loan, plaintiff obtained possession of the vehicle and sold it pursuant to C.G.S. § 36a-785 for $6,000.

Defendant was defaulted for her failure to appear by order of this court entered on August 12, 2009.   By virtue of the default, the allegations of the complaint are deemed admitted.

A hearing in damages was held on October 6, 2009.   The defendant was not present.   The court finds on the basis of An Affidavit:  Re Military Service signed and sworn to by Diana Silva that the defendant is not in the military service of the United States based on a verification by the Department of Defense.

The defendant borrowed $15,000 from the plaintiff on December 2, 2006.   The loan proceeds were used to purchase a 2006 Trailblazer vehicle.   The defendant defaulted on the loan on July 23, 2008.   The vehicle was repossessed on January 17, 2009.   At that time the unpaid principal on the loan was $11,747.25.

Plaintiff subsequently sold the vehicle for $6,000 on March 28, 2009.   The vehicle had high mileage and there was some body damage.

In repossessing and selling the vehicle, costs totaling $625.27 were incurred.

The sale proceeds were applied to the repossession and sale expenses of $625.27, interest through March 28, 2008 (date of sale) in the amount of $859.43, and the remainder, $4,515.30, was applied to principal.   After the sale the unpaid principal was $7,231.95.

Interest has accrued from March 28, 2009, the date of sale, to this date, December 17, 2009.   That is a period of 264 days.   The interest to date is therefore $562.32. (264 x $2.13 = $562.32)

The amount due is $7,614.91 for principal and $562.32 for interest;  a total of $8,177.23.

Plaintiff has submitted an affidavit regarding the attorneys fees incurred in prosecuting this action.   The court has examined that affidavit and finds the amount requested, $1,084, is fair and reasonable.   Attorneys fees are rewarded in the amount of $1,084.

Judgment may enter for the plaintiff against the defendant in the amount of $8,724.91, attorneys fees of $1,084, and costs.

A weekly order of payments in the amount of $80 is ordered to begin on January 18, 2010.

Parker, J.T.R.

Parker, Thomas F., J.T.R.