5    C. The State Court Action.  On April 19, 2012, the Plaintiff sued the Defendant in the Lincoln Circuit Court to recover  the amounts owed, plus interest, court costs, attorney fees, and punitive damages. [State Court  Complaint, Plf. Ex. A at ECF No. 14-1.] The Defendant failed to respond or otherwise answer  the Complaint. [State Court Record, Plf. Ex. E, at ECF No. 14-5.]  On June 22, 2012, the Lincoln Circuit Court held a hearing and entered a partial default  judgment against the Defendant and in favor of the Plaintiff. [Partial Default Judgment, Plf. Ex.  B at ECF No. 14-2.] The state court adjudged the Defendant in default for failing to file an  answer or defense to the allegations and found “the Defendant owes the Plaintiff the principal  sum of $62,000.00, plus contract interest of $12,500.00, plus pre-judgment interest on said  liquidated sums of eight percent (8%), from May 31, 2010, until the entry of this Partial Default  Judgment, said amount totaling $87,315.68 as of June 22, 2012.” [Id.] The state court further  awarded post-judgment interest at the rate of twelve percent (12%). [Id.] The state court then  found the Defendant in default of the allegations that the Defendant fraudulently procured the  loan and negligently performed construction work, but reserved judgment on the amount of  damages sustained as a result. [Id.]  On July 23, 2012, following an evidentiary hearing on damages, the state court entered a  default judgment against the Defendant. [Default Judgment, Plf. Ex. C at ECF No. 14-3.] The  state court incorporated the prior Partial Default Judgment, and entered default judgment in favor  of the Plaintiff for the sum of $31,129.05 for “the faulty or negligent construction on her home,”  plus pre-judgment interest at eight percent and post-judgment interest at twelve percent. [Id.]  The state court also awarded $23,566.41 in attorney fees, plus post-judgment interest at twelve  percent. [Id.]  Case 16-05026-grs Doc 38 Filed 12/06/16 Entered 12/06/16 14:05:34 Desc Main  Document Page 5 of 17

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