TENTATIVE RULING
On May 2, 2019, Keith Falerios (Plaintiff) filed this complaint against Austin Falerios (Defendant) to enforce a verbal contract between the parties pertaining to Defendant’s failure to pay student loans under Plaintiff’s name. Defendant is currently serving in the United States Military and was personally served the complaint and corresponding declaration on June 12, 2019 at Fort Jackson, South Carolina.
On February 2, 2020, Plaintiff filed a Request for Entry of Default of the Defendant that was served via United States First-Class mail. The Court notes the Entry of Default was sent to a different address at Fort Eustice, Virginia. In the adjoining Points and Authorities filed by Plaintiff on August 7, 2020, the Plaintiff details that the Soldiers’ and Sailors’ Civil Relief Act of 1918 (SSCRA) (50 US Code §§ 3931-3932) allows the Court to use its discretion in determining whether a default may be entered against a person serving in the military. (Womack v. Berry (195
Hearing Date
August 13, 2020
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TENTATIVE RULING
On May 2, 2019, Keith Falerios (Plaintiff) filed this complaint against Austin Falerios (Defendant) to enforce a verbal contract between the parties pertaining to Defendant’s failure to pay student loans under Plaintiff’s name. Defendant is currently serving in the United States Military and was personally served the complaint and corresponding declaration on June 12, 2019 at Fort Jackson, South Carolina.
On February 2, 2020, Plaintiff filed a Request for Entry of Default of the Defendant that was served via United States First-Class mail. The Court notes the Entry of Default was sent to a different address at Fort Eustice, Virginia. In the adjoining Points and Authorities filed by Plaintiff on August 7, 2020, the Plaintiff details that the Soldiers’ and Sailors’ Civil Relief Act of 1918 (SSCRA) (50 US Code §§ 3931-3932) allows the Court to use its discretion in determining whether a default may be entered against a person serving in the military. (Womack v. Berry (195