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Currier v. First Resolution Inv. Corp.

United States District Court, E.D. Kentucky

July 3, 2013

ROSLYN CURRIER, PLAINTIFF
v.
FIRST RESOLUTION INVESTMENT CORP., DEFENDANT

For Roslyn Currier, Plaintiff: James Hays Lawson, LEAD ATTORNEY, Lawson at Law, PLLC, Louisville, KY; James R. McKenzie, LEAD ATTORNEY, Pedley & Gordinier, PLLC, Louisville, KY.

For First Resolution Investment Corp., Defendant: John R. Tarter, Mapother & Mapother - Louisville, Louisville, KY.

OPINION

Page 748

David L. Bunning, United States District Judge.

MEMORANDUM OPINION & ORDER

This is a Fair Debt Collection Practices Act case that arises out of Defendant's attempt to collect on a default judgment entered against Plaintiff-debtor in Jackson District Court. This matter is presently before the Court on Defendant First Resolution Investment Corporation's Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Doc. # 4). The motion has been fully briefed (Docs. # 7, 8), and is thus ripe for the Court's consideration. Because Plaintiff has failed to plead a plausible claim under the Fair Debt Collection Practices Act, Defendant's motion will be granted and this case will be dismissed.

I. FACTUAL BACKGROUND

On May 23, 2012, Defendant First Resolution Investment Corporation (" First Resolution" ) filed a debt -collection action against Plaintiff Roslyn Currier in Jackson District Court.[1] Currier failed to answer

Page 749

or otherwise respond within the time proscribed by Kentucky Rule of Civil Procedure 12.01, prompting First Resolution to move the court to enter a default judgment. Thereafter, Currier moved for an enlargement of time to file an answer and counterclaim, and also objected to entry of a default judgment.

The parties' respective motions were called before the court for a hearing on October 1, 2012. Currier's counsel failed to appear at the hearing. As a result, the court denied Currier's motions for an enlargement of time to file an answer and counterclaim, and granted First Resolution's motion for default judgment. The default judgment stated in pertinent part:

[I]t is considered and adjudged that the plaintiff, First Resolution Investment Corp., recover of the defendant Roslyn Currier, the sum of $1,000.51 plus interest at the rate of 21.00 % per annum from September 28, 2006 until date of judgment, then 21 % per annum thereafter from the date of judgment until paid, and further sum of $220.11 attorney's fees pursuant to KRS 286.3-750 and it's court cost, for all of which execution may issue forthwith.
This is a final Judgment and there is no just reason for delay.

(Doc. # 4-3).

On October 5, 2012,[2] Currier moved the Jackson District Court to vacate the default judgment pursuant to Kentucky Rule of Civil Procedure 59.05, and again moved for an enlargement of time to file her answer and counterclaim. Two days later, First Resolution mailed a notice of judgment lien on Currier's real property to the Jackson District Court, which was filed on October 11, 2012. Thereafter, the Jackson District Court granted Currier's motion to vacate the default judgment and permitted her additional time to answer or otherwise respond to the complaint.[3]

Seven days after the Jackson District Court granted Currier's requested relief, Currier filed the instant action under the Fair Debt Collection Practices Act (" FDCPA" ). By her Complaint, Currier alleges that First Resolution wrongfully sought a judgment lien on her real property

Page 750

in violation of two Kentucky statutes - KRS § § 426.030 and 426.720 - which, in turn, violated her rights under the FDCPA, codified at 15 U.S.C. § 1692f, 15 U.S.C. § 1692f(1), and 15 U.S.C. § 1692e(5). First Resolution has moved to ...


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