First Tower Loan, LLC d/b/a Tower Loan of Winnfield v. Justin D. Curry

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. 56,240-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

JUSTIN D. CURRY, AKA JUSTIN Defendant-Appellee
DANIEL CURRY, A/K/A
JUSTIN CURRY
*****
Appealed from the
Eighth Judicial District Court for the
Parish of Winn, Louisiana
Trial Court Nos. 47,276 and 47,406

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

JUSTIN D. CURRY, A/K/A JUSTIN In Proper Person
DANIEL CURRY, A/K/A
JUSTIN CURRY
*****
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

Justin D. Curry, a/k/a Justin Daniel Curry or Justin Curry, of

Winnfield, La., took out a loan from Tower Loan on January 6, 2023. The

amount financed was $2,808.58, at a stated APR of 35.51%, requiring Curry

to make 26 payments of $157.00, for a total of $4,082.00. His final payment

was to be March 10, 2025, but, according to Tower Loan’s petition, his last

payment was on February 17, 2023, leaving a balance of $3,377.91.

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

balance of $3,377.91, together with contractual interest of 33.00% 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.

Curry 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 $3,377.91 and that the interest rate, under the loan agreement, was

33.00% 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 February 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, “The amount on that requested

[sic] was more than the amount financed as well.” The court drew a line

through the principal of the judgment, changing it from $3,377.91 to

$2,808.58, and through the interest rate of 33.00%/18%, changing it to

“legal” interest.

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

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. 1702(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

2

district court lacked authority to disregard the affidavit of correctness and

erred in not signing the proposed judgment.

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 $1,273.42, including a

prepaid finance charge of $70.00 and precomputed interest of $1,203.42.

Total payments would come to $4,082.00; according to the affidavit, the

unpaid balance, after all rebates, is $3,377.91. 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 $3,377.91. 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.

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The loan agreement states that the amount financed was $2,808.58.

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

be $1,408.58) and 36% on the remaining portion.1 The affidavit states that

these rates, properly apportioned, yield a contractual rate of 33.00%.

Moreover, Curry’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.

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 by judgment herein in favor of plaintiff, FIRST TOWER
LOAN, LLC, d/b/a TOWER LOAN OF WINNFIELD, and
against the defendant, JUSTIN D. CURRY, a/k/a JUSTIN
DANIEL CURRY, a/k/a JUSTIN CURRY (SSN XX-XX-
3148), in the amount of $3,377.91, together with interest
thereon at the rate of 33.00% 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, Justin D. Curry, a/k/a Justin Daniel Curry or Justin Curry.

AMENDED, AFFIRMED AS AMENDED, AND RENDERED.

1
In brief, Tower Loan lists the 27% portion as “approximately $1,191.42” and the
36% portion as “the remaining portion of $1,191.42,” apparently typos.
4