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Janet Beasley v. Red Rock Financial Services, 4th Cir. (2014)
Janet Beasley v. Red Rock Financial Services, 4th Cir. (2014)
No. 13-2113
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:12-cv-01312-AJT-TRJ; 1:13-cv-00206-AJT-TRJ)
Submitted:
WYNN,
Decided:
Circuit
Judges,
and
September 9, 2014
HAMILTON,
Senior
PER CURIAM:
In this case under the Fair Debt Collections Practices Act
(the FDCPA), 15 U.S.C. 1692-1692p, the plaintiffs-appellants
raise numerous allegations of error that they contend should be
resolved in their favor.
the
record,
and
without merit.
the
relevant
law,
we
conclude
that
each
is
Accordingly, we affirm.
I.
At
all
times
relevant
to
this
case,
husband
and
wife,
Woods
Addition
neighborhood,
located
in
Dumfries,
In October
2008, the HOA, through its collection agent Reese Broome, PC,
notified the Beasleys by letter that they owed the HOA a total
of $685.00 in unpaid assessments, late fees, and legal fees.
Additionally,
the
letter
stated
that
unless
the
Beasleys
receipt
of
the
letter,
the
HOA
would
accelerate
the
Beasleys account through the end of the year and record a lien
on their home.
with the last letter from Reese Broome, PC, dated March 17,
2011.
The Beasleys claim they brought their HOA account current
in 2008 and dispute any and all alleged delinquencies in their
HOA account after that time.
Broome,
Rock).
PC,
to
Red
Rock
Financial
Services,
LLC
(Red
HOA is dated January 23, 2012, stating the Beasleys current HOA
account balance as $1,373.36.
the
Beasleys
chose
not
to
pay
their
account
in
full
within
thirty days from the date of the letter, the [HOA] will refer
the matter to counsel for appropriate legal action, including
filing a Memorandum of Assessment Lien on behalf of [the HOA] in
the
Prince
William
notice.
(J.A. 445).
Red
to
Rock
the
Circuit
Clerks
Office
without
further
Beasleys
attorney,
Red
Rock
reported
the
in
Princeton
Prince
Woods
William
home,
County,
asserting
Virginia
the
on
Beasleys
the
owed
Beasleys
the
HOA
appeal,
in
(J.A. 459).
letter
dated
May
Of relevance in the
30,
2012,
Red
Rock
(J.A. 450).
Red
Rock,
alleging
Red
Rocks
collection
efforts
on
Beasleys
reasonable
sought
attorneys
total
fees,
of
$98,000.00
prejudgment
in
damages,
interest,
and
plus
costs.
matter
of
law
in
favor
of
Red
Rock
at
the
close
of
all
According to
had
suffered
failed
to
produce
any
actual
sufficient
damages
as
evidence
result
of
that
any
they
had
violations
(1)
the
fact
that
Red
Rock
sent
the
Beasleys
the
collections letters dated January 23, 2012, and March 12, 2012;
(2) the fact that Red Rock attempted to collect a disputed debt;
and
(3)
the
filing
itself
of
the
Memorandum
of
Lien.
are
not
entitled
to
recover
damages
based
on
any
found
that
the
Beasleys
had
not
sustained
any
actual
costs,
timely
representing
appeal
the
followed
fees
in
of
which
the
Clerk
of
Court.
the
Beasleys
allege
We have reviewed
Several are worthy
II.
The
Beasleys
first
contend
the
district
court
erred
by
Count III
Anderson v. Russell,
issue
during
jury
trial
and
the
court
finds
that
Fed. R. Civ. P.
the parties briefs, we hold the district court did not err in
granting Red Rocks motion for judgment as a matter of law with
respect to Counts III, IV, V, and VII.
is
that
viewed
the
in
existence
Beasleys
the
light
of
damages
violations
at
issue
failed
most
to
present
favorable
proximately
beyond
the
to
sufficient
them,
caused
realm
to
by
remove
the
of
evidence,
the
alleged
impermissible
Inc., 395 F.3d 485, 489 (4th Cir. 2005) ([I]f the verdict in
favor of the non-moving party would necessarily be based upon
speculation and conjecture, judgment as a matter of law must be
entered.).
insufficient
find
evidence
additional
emotional
proximately
caused
by
for
the
jury
distress
Red
Rocks
the
to
what,
Beasleys
violations
of
if
any,
suffered
as
the
as
FDCPA
III.
Next, the Beasleys contend that Red Rocks stipulation that
it
violated
the
allegations
in
FDCPA
the
precluded
complaint
therefore,
the
district
objections
at
trial,
delinquent
HOA
account.
testimony
of
Cynthia
Red
Rock
from
pertaining
court
erred
evidence
evidence
the
person
all
liability,
and
admitting,
regarding
Such
Weiss,
in
to
disputing
over
their
allegedly
consisted
in
its
charge
of
the
of
the
To that
maximizing
prejudicial effect.
its
probative
value
and
minimizing
its
the
district
court
did
not
act
arbitrarily
Red
Rocks
stipulation
to
9
violating
the
or
Regardless
FDCPA
in
an
Below, the
district
the
court
challenged
did
not
resident
its
transaction
discretion
report
in
because
such document was admissible for the purpose of proving the HOA
had a long running dispute with the Beasleys over their HOA
account, which is not for the purpose of proving the truth of
the matter asserted, e.g., not for the purpose of proving the
Beasleys owed the HOA the amounts listed as delinquent in the
resident transaction report.
dispute
claimed
the
with
the
HOA
Beasleys
owed
on
over
their
varying
HOA
amounts
account
the
(since
HOA
2008)
they
suffered
as
proximately
caused
by
Red
Rocks
statement in its letter dated May 30, 2012, that it may proceed
with foreclosure no sooner than the 61st day from the mailing of
the
Memorandum
of
Assessment
Lien
if
[the]
debt
is
not
IV.
The
courts
Beasleys
also
$5,000.00
challenge
award
of
as
inadequate
attorneys
fees
the
in
district
their
favor.
the
case
the
reasonable
of
FDCPA
attorneys
we
have
successful
authorizes
fee
U.S.C. 1692k(a)(3).
standard,
any
as
action
district
determined
to
enforce
courts
to
by
court.
the
the
award
a
15
the
duty
to
affirm
the
district
courts
courts
broad
discretion.
Carroll
v.
Wolpoff
&
analysis
record
of
the
and
applicable
11
law
in
calculating
To summarize,
(J.A.
critical
factor
in
determining
the
reasonableness
of
an
V.
For
the
reasons
stated,
we
affirm
the
judgment
below
entered upon the jurys verdict and affirm the judgment below
awarding the Beasleys $5,000.00 in attorneys fees and costs of
252.00. 2
2
12
13