Farm Credit Services of America,pca v. Joshua J. Semien and Joyce Lee Semien

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

24-618

FARM CREDIT SERVICES OF AMERICA, PCA

VERSUS

JOSHUA J. SEMIEN AND JOYCE LEE SEMIEN

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 24-C-01339-D
HONORABLE GREGORY JAMES DOUCET, DISTRICT JUDGE

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GUY E. BRADBERRY
JUDGE

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Court composed of Van H. Kyzar, Ledricka J. Thierry, and Guy E. Bradberry, Judges.

AFFIRMED.

Joyce Lee Semien
P.O. Box 1058
Lawtell, Louisiana 70550
(337) 945-8945
DEFENDANT/APPELLANT IN PROPER PERSON

Stephen P. Strohschein
Trevor C. Mosby
Hinshaw & Culbertson, LLP
400 Convention Street, Suite 1001
Baton Rouge, Louisiana 70802
(225) 333-3250
COUNSEL FOR PLAINTIFF/APPELLEE:
Farm Credit Services of America, PCA

George F. Severson
P.O. Box 1788
Opelousas, Louisiana 70571-1788
(337) 407-5160
COUNSEL FOR DEFENDANT/APPELLEE:
Joshua J. Semien

BRADBERRY, Judge.

Defendant Joyce Semien appeals the judgment of the trial court, which

granted the judgment of default filed by Plaintiff Farm Credit Services of America,

PCS (Farm Credit). For the following reasons, we affirm.

On June 24, 2024, Farm Credit filed a Suit on Contract and For Recognition

of Security Interests, seeking (1) a money judgment against Defendants Joshua and

Joyce Semien for failure to make payments on a contract, and (2) security interests

in movable property owned by Defendants to secure their obligations.

The petition alleges Defendants purchased certain equipment from Medlin

Equipment Company of Mississippi County (Medlin) on April 30, 2021, as

evidenced by a Retail Installment Contract and Security Agreement. Defendants

financed $55,821.00 at an annual interest rate of 3.75% and agreed to make

semiannual payments of $6,184.27, beginning November 1, 2021. The last payment

was due on May 1, 2026. The contract also contains a security agreement that grants

the seller a security interest in the equipment in order to secure the obligations

contained in the contract.

The petition further alleges that Defendants failed to make the November 1,

2023 payment and every payment thereafter, constituting a default on the contract.

Thereafter, Medlin assigned its interest in the contract to Farm Credit. After sending

Defendants multiple default notices, Farm Credit filed this lawsuit. After securing

service of process on Ms. Semien and with no answer filed, Farm Credit moved for

a default judgment against her. Attached to the motion, Farm Credit filed the

affidavit of Tracie L. Archer, who works as a litigation officer for Farm Credit, the

retail installment contract, the UCC Financing Statement Farm Credit recorded with

the Clerk of Court of Caddo Parish to perfect its security interest in the equipment,

and several default notices Farm Credit sent to Defendants. The trial court signed a

judgment granting the motion for default on August 13, 2024, for unpaid principal

in the amount of $34,903.53, plus contractual interest, default interest, expenses, and

attorney’s fees. Ms. Semien now appeals.

Ms. Semien argues that the IP address for the DocuSign endorsement has a

location stamp in Ocean Springs, Mississippi. She contends that she has never been

to Ocean Springs nor is she computer literate. Finally, she maintains that Farm

Credit’s evidence is not sufficient to support the judgment of default.

“In reviewing default judgments, the appellate court is restricted to

determining the sufficiency of the evidence offered in support of the judgment.”

Arias v. Stolthaven New Orleans, L.L.C., 08-1111, p. 5 (La. 5/5/09), 9 So.3d 815,

818. This review is governed by the manifest error standard. Id. “There is a

presumption that a default judgment is supported by sufficient evidence, but this

presumption may be rebutted by the record upon which the judgment is rendered.”

Id. at 820. A defendant may not assert an affirmative defense on appeal of a default

judgment. Id.

The law applicable to default judgments is found in La.Code Civ.P. art. 1702.

It states, in pertinent part:

B. (1) When a demand is based upon a conventional obligation,
affidavits and exhibits annexed thereto that contain facts sufficient to
establish a prima facie case shall be admissible, self-authenticating, and
sufficient proof of such demand. The court may, under the
circumstances of the case, require additional evidence in the form of
oral testimony before entering a default judgment.

We find that the record is supported by sufficient evidence and that Farm

Credit has proved a prima facie case in accordance with La.Code Civ.P. art. 1702.

The retail installment contract establishes the existence of the obligation, including

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the make and model of the equipment sold, the purchase price, and the terms of

purchase. Also included in the contract is a security agreement granting the seller a

security interest in the equipment sold. The contract was signed via DocuSign by

Joshua J. Semien and Joyce Lee Semien on April 30, 2021. In her affidavit, Ms.

Archer attests to the terms of the contract and to the failure of Defendants to make

regularly scheduled payments, as required by the contract, from November 1, 2023,

onward. She states the amount owed on the contract plus interest, fees, and

expenses. She further attests that Medlin assigned its rights to Farm Credit pursuant

to the “Seller Assignment” section on page 2 of the contract. The UCC Financing

Statement, securing Farm Credit’s interest in the equipment, in addition to multiple

default notices sent to Defendants, are also attached as evidence. We find this

evidence to be sufficient proof of a conventional obligation between Farm Credit

and Ms. Semien.

Ms. Semien also argues that she did not sign the contract via DocuSign and

that the IP address of the person that signed the contract was located in Ocean

Springs, Mississippi. There is no evidence of these allegations in the record.

Further, Ms. Semien is barred from asserting an affirmative defense for the first time

on appeal from a default judgment. Arias, 9 So.3d 815.

We find Farm Credit established a prima facie case to prove the allegations in

the petition and did so with sufficient evidence.

DECREE

For the foregoing reasons, the judgment of the trial court is affirmed. All costs

of this appeal are assessed to Defendant Joyce Semien.

AFFIRMED.

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