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United States v. Simmons

United States District Court, E.D. California

July 12, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PATRICIA A. SIMMONS, ESQ., Defendant.

          PHILLIP A. TALBERT United States Attorney KURT A. DIDIER, Assistant United States Attorney, Attorneys for Plaintiff United States of America

          FOR DEFENDANT PATRICIA A. SIMMONS: PATRICIA A. SIMMONS An individual

          APPROVED AS TO FORM AND CONTENT: WILLIAM J. CAMPBELL, JR., ESQ. Attorney for Defendant

          SETTLEMENT AGREEMENT; AND ORDER APPROVING SETTLEMENT

          TROY L. NUNLEY, UNITED STATES DISTRICT JUDGE

         I. PARTIES

         1. The parties, by their authorized representatives, hereby agree to resolve the allegations contained in the United States' complaint for student loan default (ECF No. 1) against defendant Patricia A. Simmons, Esq., as set forth below. The Parties submit this settlement agreement for the Court's review and approval.

         II. BACKGROUND/ALLEGATIONS

         2. Defendant resides in and maintains a law practice within this district.

         3. On August 6, 2003, Defendant executed a Promissory Note to secure a Federal Direct Consolidation loan from the U.S. Department of Education (the ED). Defendant's total loan amount was $106, 423.65 at 8.25% interest per annum. The ED disbursed the loan proceeds for Defendant's benefit on August 29, 2003.

         4. Defendant defaulted on the loan on November 25, 2010. Pursuant to 34 C.F.R. § 685.202(b), a total of $56, 389.84 in unpaid interest was capitalized and added to the principal balance.

         5. Although the United States demanded payment for the unpaid loan, Defendant failed to repay the defaulted loan amount when and as due. The ED has credited Defendant a total of $7, 302.92 in payments from all sources, including Treasury Department offsets, towards her loan balance. As of June 15, 2017, Defendant owes the United States $256, 850.10, representing $162, 164.23 in unpaid principal and $94, 685.87 in interest. Interest continues to accrue on the principal sum at a daily rate of $36.63.

         6. Pursuant to the Promissory Note, the United States is entitled to recover attorney fees and costs to compensate it for its litigation fees and expenses.

         7. Defendant admits the complaint's allegations.

         III. TERMS ...


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