Judge P. Kevin Castel
Plaintiff claimed defendants breached their personal guarantee of a loan. Plaintiff moved for entry of default judgment against defendant guarantors. The court granted the motion, finding that defendants did not deny they had received proper service of individual summonses and copies of the complaint, but defendants did not file any response until receiving notice that plaintiff had applied for entry of default judgment. The court reasoned that defendants had not adequately explained how they, even as non-lawyers, could sit in possession of summonses and complaint against them and think no action was required. The court also reasoned that delay could thwart plaintiff’s recovery since defendants were suffering from “severe financial strain” and the subject loan was accruing daily interest thereby increasing plaintiff’s recovery amount, and increasing the risks of it being thwarted. Finally, the court found that defendants presented no evidence of any facts that would constitute a defense. The court reasoned that the asserted affirmative defenses were no more than legal labels or conclusions without supporting facts. Finding a hearing to determine damages unnecessary, the court awarded plaintiff damages in the amount of $669,575.
