THOMAS E. MORRIS, Magistrate Judge.
This case is before the Court on the Motion for Entry of Default Judgment (Doc. 9), filed May 9, 2013.
On March 29, 2013, the United States filed a complaint against Defendant Stacey L. Allen. The complaint alleges Defendant has failed to repay a debt owed to the United States in the amount of $4,593.83 (Doc. 1). On May 1, 2013, Plaintiff moved for entry of Clerk's default because Defendant failed to timely respond to the Complaint or otherwise appear in this action (Doc. 7). The Clerk entered default against Defendant on May 2, 2013 (Doc. 8). Thereafter, on May 9, 2013, the instant motion was filed. Plaintiff seeks to reduce Defendant's defaulted student loan debt to judgment.
Rule 55 of the Federal Rules of Civil Procedure provides the requirements for entry of a default judgment. See Fed. R. Civ. P. 55(b)(2). A default judgment may be entered "against a defendant who never appears or answers a complaint, for in such circumstances, the case never has been placed at issue." Solaroll Shade & Shutter Corp. v. Bio-Energy Sys., 803 F.2d 1130, 1134 (11th Cir. 1986). All well-pleaded allegations of fact are deemed admitted upon entry of default. Cotton v. Mass Mut. Life Ins. Co., 402 F.3d 1267, 1277-78 (11th Cir. 2005). However, before entering a default judgment, a court must confirm that it has jurisdiction over the claims and that the complaint adequately states a claim for which relief may be granted. See Nishimatsu Const. Co. v. Houston Nat. Bank, 515 F.2d 1200, 1206 (5th Cir. 1975).
The Court has subject matter jurisdiction over this case because it is a civil action commenced by the United States.
In the Complaint, the United States asserts Defendant is in default on her obligation to pay $2,289.32, with interest accruing on the principal balance at a rate of 5.01% per annum or $0.31 per day (Doc. 1).
In its Motion, Plaintiff seeks $2,289.32 in unpaid principal; $2,345.98 in accrued interest at the rate of 5.01% through May 8, 2013; prejudgment interest accruing on the principal amount at the rate of 5.01% per annum or $0.31 per day beginning on May 9, 2013 through the date judgment is entered;
For the Court to enter judgment in favor of the United States, the United States must prove: (1) Defendant executed the note; (2) the United States is the present holder of the note; and (3) the note is in default. United States v. Hickey, No. 6:11-cv-1608-Orl-28KRS, 2012 WL 933229, at *2 (M.D. Fla. Feb. 27, 2012) (citing United States v. Mendoza, No. C-06-171, 2007 WL 677268, at *1 (S.D. Tex. Mar. 1, 2007)), adopted at 2012 WL 933206 (Mar. 20, 2012). Upon review of the allegations made in the Complaint, the undersigned finds Plaintiff has properly stated a valid cause of action, and Plaintiff is entitled to entry of a default judgment.
The well-pleaded factual allegations made in Plaintiff's Complaint are deemed admitted by Defendant by virtue of the Clerk's entry of default. However, "[a]lthough a defaulted defendant admits well-pleaded allegations of liability, allegations relating to the amount of damages are not admitted by virtue of default. Rather, the Court determines the amount and character of damages to be awarded." Miller v. Paradise of Port Richey, Inc., 75 F.Supp.2d 1342, 1346 (M.D. Fla. 1999) (citing 10A C. Wright, A Miller & M. Kane, Federal Practice & Procedure § 2688 at 58-59 (3d ed. 1998)). Thus, even where a default judgment is warranted, the Court may first hold a hearing for the purposes of assessing damages. Fed.R.Civ.P. 55(b)(2); see also SEC v. Smyth, 420 F.3d 1225, 1232 n.13 (11
Plaintiff is also entitled to prejudgment interest accruing on the total principal amount at the rate of 5.01% per annum (or $0.31 per day) beginning on May 9, 2013 through the date judgment is entered, plus post-judgment interest accruing from the date the judgment is entered at the legal rate established by 28 U.S.C. § 1961.
Thus, upon due consideration, it is hereby respectfully
1. Plaintiff's Motion for Entry of Default Judgment (Doc. 9) be
2. The Clerk of the Court be directed to enter judgment in favor of Plaintiff and against Defendant in the following amounts:
3. The Clerk of the Court be further directed to close the file.