Monday, June 02, 2003
Judge Wilson of W.D. Va. enters default judgment of $26,398 plus $7,795 attorneys' fees in Fair Debt Collection Practices Act case
In McHugh v. Check Investors, Inc., Judge Wilson of the W.D. Va. described his findings on damages and attorneys' fees on the plaintiff's claims for violation of the Fair Debt Collection Practices Act and for intentional infliction of emotional distress. The defendant defaulted in the case and never appeared in the case. The judge's award included the following: "for $1398 on McHugh’s FDCPA claim consisting of the following: (1) actual damages of $163; (2) statutory damages of $1000; and (3) costs and expenses of $235. The court also will award attorney’s fees in the amount of $7795 [at $200 per hour]. Judgment will be entered against Check Investors for $25,163 on McHugh’s intentional infliction of emotional distress claim consisting of the following: (1) actual damages (including emotional distress) of $10,163; and punitive damages of $15,000."