First Tower Loan, LLC d/b/a Tower Loan of Winnfield v. Carl Womack

• Court: Louisiana Court of Appeal
• Decided: May 21, 2025
• Docket: 56,239-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. 56,239-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

CARL WOMACK, AKA CARL Defendant-Appellee DEWAYNE WOMACK, A/K/A CARL D. WOMACK ***** Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana Trial Court Nos. 47,276 and 47,405

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

CARL WOMACK, A/K/A CARL In Proper Person DEWAYNE WOMACK, A/K/A CARL D. WOMACK ***** 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

Carl Womack, a/k/a Carl Dewayne Womack or Carl D. Womack, of

Sikes, La., took out a loan from Tower Loan on April 7, 2023. The amount

financed was $2,277.86, at a stated APR of 37.87%, requiring Womack to

make 21 payments of $150.00 each, for a total of $3,150.00. His final

payment was to be January 7, 2025, but, according to Tower Loan’s petition,

his last payment was on May 25, 2023, leaving a balance of $2,542.47.

Tower Loan filed this suit on October 10, 2023, seeking the unpaid

balance of $2,542.47, together with contractual interest of 34.10% per

annum for one year beginning August 25, 2023, and 18% thereafter. The

petition also prayed for late charges, court costs, collection costs, contractual

attorney fees, and a recognition of its security interest in the movables

described in the loan agreement.

Womack filed no responsive pleading, so Tower Loan moved for

default judgment. In support, it attached an affidavit of correctness executed

by Anthony Barnes, an officer of the company, verifying that the balance due was $2,542.47 and that the interest rate, under the loan agreement, was

34.10% for one year beginning August 25, 2023, and 18% thereafter until

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

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

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

stamped January 29, 2024. However, on July 15, 2024, the only minute

entry in the record, the court “reviewed record and amended judgment

amount.” In the transcript, the court stated only, “Okay, I’m returning the

same to the Clerk.” The court drew a line through the principal of the

judgment, changing it from $2,542.47 to $2,277.86, and through the interest

rate of 34.10%/18%, changing it to “legal” interest.

Tower Loan has appealed, raising five assignments of error. Womack

has 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 promissory note, as required by La. C.C.P. art. 1701(B)(3). By its

second assignment, Tower Loan urges the court erred in failing either to sign

the proposed default judgment or direct that a hearing be held, as required by

La. C.C.P. art. 1702(C).

For the reasons expressed in First Tower Loan v. Combs, 56,236 (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. 2 Reduction of Principal

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

reducing the principal amount of the judgment from the amount prayed for

and properly rebated in accordance with La. R.S. 9:3533, to the amount

financed on the face of the promissory note. For the reasons expressed in

First Tower Loan v. Combs, supra, this assignment has merit.

The loan agreement reflects a finance charge of $872.14, including a

prepaid finance charge of $70.00 and precomputed interest of $802.14.

Total payments would come to $3,150.00; according to the affidavit, the

unpaid balance, after all rebates, is $2,542.47. There is no further

requirement for an itemization of payments or how the total amount sued

upon was calculated. Moore Fin. Co. v. Ebarb, 46,392 (La. App. 2 Cir.

5/18/11), 70 So. 3d 856. The district court lacked authority to render

judgment for a principal amount other than $2,542.47. The judgment will be

amended to this amount.

Award of Interest

By its fourth 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 fifth 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 $2,277.86.

Under La. R.S. 9:3519, Tower Loan could charge 27% on the portion of the

principal that exceeds $1,400 but does not exceed $4,000 (this portion would 3 be $877.86) and 36% on the remaining portion. The affidavit states that

these rates, properly apportioned, yield a contractual rate of 34.10%.

Moreover, Womack’s loan was accelerated on August 25, 2023; hence, after

August 25, 2024, 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.

DECREE

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 plaintiff, FIRST TOWER LOAN, LLC, d/b/a TOWER LOAN OF WINNFIELD, and against the defendant, CARL WOMACK, a/k/a CARL DEWAYNE WOMACK, a/k/a CARL D. WOMACK (SSN XXX-XX-5852), in the amount of $3,542.47, together with interest thereon at the rate of 34.10% per annum for one year beginning August 25, 2023, and 18% thereafter, until paid.

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

by the borrower, Carl Womack, a/k/a Carl Dewayne Womack or Carl D.

Womack.

AMENDED, AFFIRMED AS AMENDED, AND RENDERED.