First Tower Loan, LLC d/b/a Tower Loan of Winnfield v. Billy W. Barton and Laura Barton

• Court: Louisiana Court of Appeal
• Decided: May 21, 2025
• Docket: 56,245-CA
• Status: Published

Opinion

Judgment rendered May 21, 2025. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.

No. 56,236-CA No. 56,245-CA (Consolidated Cases)

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** FIRST TOWER LOAN, LLC Plaintiff-Appellant D/B/A TOWER LOAN OF WINNFIELD versus

ROY COMBS Defendant-Appellee *****

consolidated with

***** FIRST TOWER LOAN, LLC Plaintiff-Appellant D/B/A TOWER LOAN OF WINNFIELD versus

BILLY W. BARTON, A/K/A Defendant-Appellee BILLY BARTON AND LAURA BARTON, A/K/A LAURA ANN BARTON ***** Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana Trial Court Nos. 47,276 and 47,543

Honorable Anastasia S. Wiley, Judge ***** ROGERS, CARTER & PAYNE, LLC Counsel for Appellant By: Jessica L. Greber

BILLY W. BARTON, A/K/A In Proper Person BILLY BARTON AND LAURA BARTON, A/K/A LAURA ANN BARTON ***** Before STONE, MARCOTTE, and ELLENDER, JJ. ELLENDER, J.

In these consolidated cases, First Tower Loan LLC, d/b/a Tower Loan

of Winnfield, appeals 15 default judgments in which the district court

rendered judgments for amounts different from those alleged in the petitions,

verified in the affidavits of correctness, and stated in the proposed

judgments. For the reasons expressed, we amend the judgments to conform

to the records and, as amended, render. A separate opinion is issued for each

borrower.

PROCEDURAL HISTORY

Billy W. Barton, a/k/a Billy Barton, of Winnfield, La., took out a loan

from Tower Loan on December 20, 2022. The amount financed was

$5,739.56, at a stated APR of 31.06%, requiring Barton to make 24

payments of $328.00, for a total of $7,872.00. His final payment was to be

January 3, 2025, but, according to Tower Loan’s petition, his last payment

was on December 8, 2023, leaving a balance of $5,032.26.

Tower Loan filed this suit on March 8, 2024, against Barton and his

nonsigning spouse, Laura Barton a/k/a Laura Ann Barton, seeking the

unpaid balance of $5,023.26, together with contractual interest of 29.80%

per annum for one year beginning February 1, 2024, and 18% thereafter.

The petition alleged that even though Ms. Barton had not signed the loan

agreement, she was liable in rem under La. C.C. art. 2345. The petition also

prayed for late charges, court costs, collection costs, contractual attorney

fees, and a recognition of the security interest in the movables described in

the loan agreement. Tower Loan attached interrogatories and requests for admission directed to both Barton and Ms. Barton to confirm the existence

of a community between them.

The Bartons filed no responsive pleading, so Tower Loan moved for

default judgment. It attached an affidavit of correctness executed by David

Easley, an officer of the company, verifying that the balance due was

$5,032.26 and that the interest rate, under the loan agreement, was 29.80%

per annum for one year beginning February 1, 2024, and 18% thereafter

until paid in full. Tower Loan also provided a proposed judgment stating

this balance due, interest rate, and other matters not germane to this appeal.

The district court rendered judgment as prayed for, by judgment date-

stamped June 10, 2024. However, on July 15, 2024, the only minute entry in

the record, the court “reviewed record and amended interest amount.” In the

transcript, the court stated merely, “Okay, I’ve signed the judgment and

returning [sic] to the Clerk.” The court drew a line through the interest

provision, handwriting over it, “legal” interest.

Tower Loan has appealed, raising four assignments of error. The

Bartons have not filed a brief.

DISCUSSION

Compliance with Art. 1702

By its first assignment of error, Tower Loan urges the court erred in

failing to accept Tower Loan’s affidavit of correctness, submitted in support

of the proposed judgment, as prima facie proof of the indebtedness owed

under the terms of the promissory note, as required by La. C.C.P. art.

1702(B)(3). By its second assignment, Tower Loan urges the court erred in

failing either to sign the proposed judgment or direct that a hearing be held,

as required by La. C.C.P. art. 1702(C). 2 For the reasons expressed in First Tower Loan v. Combs, 45,236 (La.

App. 2 Cir. 5/21/25), rendered this day, these assignments have merit. The

district court lacked authority to disregard the affidavit of correctness and

erred in not signing the proposed judgment.

Award of Interest

By its third assignment of error, Tower Loan urges the court erred in

failing to award interest as prayed for and as mandated by La. C.C. art. 1921.

By its fourth assignment, Tower Loan urges the court erred in reducing

interest in the judgment to “legal interest” from the amount stated in the loan

agreement, contrary to La. R.S. 9:3519 and 9:3522. For the reasons

expressed in First Tower Loan v. Combs, supra, these assignments have

merit.

The loan agreement states that the amount financed was $5,739.56.

Under La. R.S. 9:3519, Tower Loan could charge 24% on the portion of the

principal that exceeds $4,000 but does not exceed $7,000 (this portion would

be $1,739.56), 27% on the portion that exceeds $1,400 but does not exceed

$4,000 (this portion would be $2,600), and 36% on the remaining portion

($1,400). The affidavit states that these rates, properly apportioned, yield a

contractual rate of 29.80%. Moreover, Barton’s loan was accelerated on

February 1, 2024; hence, after February 1, 2025, the interest cannot exceed

18%. The amount prayed for in the petition, and stated in the proposed

judgment, complies with the applicable laws.

The district court lacked authority to award interest different from that

stated in the loan agreement, the petition, and the affidavit. The judgment

will be amended to provide the contractual and legal rate.

3 CONCLUSION

For the reasons expressed, the principal and interest stated in the

judgment are amended as follows:

IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment herein in favor of the plaintiff, FIRST TOWER LOAN, LLC, d/b/a TOWER LOAN OF WINNFIELD, and against the defendants, BILLY W. BARTON, a/k/a BILLY BARTON (SSN XXX-XX-3985), and LAURA BARTON, a/k/a LAURA ANN BARTON (SSN XXX-XX-8458), the nonsigning spouse, as follows: (a) in the amount of $5,032.26, together with interest thereon at the rate of 29.80% per annum for one year beginning February 1, 2024, and 18% thereafter[.]

In all other respects, the judgment is affirmed. All costs are to be paid

by the defendants, Billy W. Barton, a/k/a Billy Barton, and Laura Barton,

a/k/a Laura Ann Barton.

AMENDED, AFFIRMED AS AMENDED, AND RENDERED.