SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff United States' Motion for Entry of Default Judgment (Doc. #10) filed on June 18, 2015. This matter is ripe for review.
1, 2015. (Doc. #1). According to the complaint, the United States is owed a debt of $37,857.55, including pre-judgment interests that accrues at a rate of 8.25 percent per annum or $5.35 per day. (Doc. #1, at 2). Despite a demand, Lomghi refused to pay the debt. (Doc. #1, at 2).
Attached to the complaint is a certificate of indebtedness. (Doc. #1-1). This certificate explains, on June 18, 1999, Lomghi borrowed and executed a promissory note to secure a direct consolidation loan from the U.S. Department of Education pursuant to the William D. Ford Federal District Loan Program of the Higher Education Act of 1965. (Doc. #1-1). On July 6, 1999, the loan was dispersed to Lomghi with an interest rate of 8.25 percent. (Doc. #1-1). Then, on October 10, 2008, Lomghi defaulted on the loan. (Doc. #1-1). Lomghi owes an outstanding balance on the debt. (Doc. #1-1).
The United States properly served Lomghi on April 14, 2015. (Doc. #6). Lomghi failed to timely respond to the complaint.
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).
Upon review of the complaint and the attached certificate of indebtedness, the Court is satisfied the United States has set forth a cause of action for an unpaid student loan action, complete with amount of damages sought and rate of interest accruing. Since the allegations are well-plead, Lomghi is liable for the unpaid student loan.
Turning to damages, based on review of the attachments provided to the instant motion, the Court is satisfied Lomghi owes the United States $38,263.19, as of May 28, 2015. (Doc. #10-2).
Additionally, the United States seeks attorney's fees and costs pursuant to 20 U.S.C. § 1091. Section 1091 allows the United States to collect reasonable costs and attorney's fees from a defaulted borrower. See United States v. Pizano, No. 8:15-CV-284-T-EAK-TBM, 2015 WL 2449591, at *2 (M.D. Fla. May 21, 2015) (explaining 20 U.S.C. § 1091 and 34 C.F.R. § 30.60 allows the Government to charge a debtor for the costs associated with the collection of a debt, including attorney's fees.). Also, upon review of the promissory note, specifically a section called "Late Charges and Collection Costs," Lomghi agreed to "pay reasonable collection fees and costs, plus court costs and attorney's fees associated with collection of the debt." (See Doc. #10-5, at 2). In light of this promissory note provision and Section 1091, the Court finds the United States is entitled to attorney's fees and costs. See generally id. (awarding attorney's fees and costs pursuant to same statute provision); United States v. Hennigan, No. 6:13-cv-1609-Orl-31DAB, 2015 WL 2084729 (M.D. Fla. Apr. 30, 2015) (awarding attorney's fees pursuant to promissory note provision). Here, the United States seeks $980.00 in attorney's fees. This amount reflects 4.9 hours of work at a rate of $200.00 per hour. The Court finds this amount is reasonable and due to be granted. The United States seeks costs in the amount of $40.00 for service and travel pursuant to 28 U.S.C. § 1921. (
Accordingly, it is now