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United States of America v. Dora M. Goyette A/K/A Doramae Goyette

October 1, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DORA M. GOYETTE A/K/A DORAMAE GOYETTE, DEFENDANT.



The opinion of the court was delivered by: Mae A. D'Agostino, U.S. District Judge:

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

On January 21, 2012, plaintiff United States of America ("plaintiff") commenced the above captioned action alleging that defendant defaulted on a promissory note. Presently before the Court is plaintiff's motion for entry of a default judgment against defendant. (Dkt. No. 6).*fn1

The Court has jurisdiction over this suit pursuant to 28 U.S.C. § 1345.

II. BACKGROUND

The Court has taken the facts set forth below from plaintiff's complaint and the Certificates of Indebtedness from the United States Department of Education executed on August 3, 2010.*fn2 Defendant Dora M. Goyette a/k/a Doramae Goyette is an individual and resident of New York. On July 7, 1989, defendant executed promissory note to secure a loan from Chemical Bank in Jericho, New York. The loan was disbursed in two payments: one for $2,625.00 at 8.00 percent interest per annum and the other for $1,815.00 at a variable rate of interest to be established annually by the Department of Education. The loan obligation was guaranteed by New York State Higher Education Services Corporation and then reinsured by the Department of Education under Title IV-B of the Higher Education Act of 1965, 29 U.S.C. §§ 1071 et seq. Thereafter, Chemical Bank demanded payment according to the note and defendant defaulted. The first Certificate of Indebtedness provides that, as of May 11, 2010, defendant owes the following:

Principal $3,186.69

Interest $2,666.95 Total $5,853.64 The Certificate also provides that, "[i]nterest accrues on the principal shown here at a rate of $0.70 per day".

The second Certificate of Indebtedness provides that, as of May 11, 2010, defendant owes the following:

Principal $1,391.63

Interest $963.85 Total $2,355.48 The Certificate also provides that, "[i]nterest accrues on the principal shown here at the current rate of 3.73 percent and a daily rate of $0.14 through June 30, 2010, and thereafter at such rate as the Department establishes pursuant to section 427A of the Higher Education Act [. . . ].

On January 21, 2012, plaintiff filed the complaint (Dkt. No. 1) alleging that defendant owes the following on two loans: (1) a principal of $3,186.69 and accrued interest at a rate of 8.0% per annum; and (2) a principal of $1,391.63 with accrued interest per annum at a rate of 3.73%. Plaintiff seeks the sum above plus prejudgment interest through the date of judgment and all administrative costs allowed by law and post-judgment interest pursuant to 28 U.S.C. § 1961.

III. DISCUSSION

A. Default ...


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