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LLERA v. SECURITY CREDIT SYSTEMS, INC.

No. CA-3:98CV-83MU.

93 F.Supp.2d 674 (2000)

Marcie T. LLERA, f/k/a, Marcie L. Taylor, Plaintiff, v. SECURITY CREDIT SYSTEMS, INC. and Mary Hedgeman, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

February 23, 2000.

Attorney(s) appearing for the Case

John W. Taylor, Mitchell, Rallings, Singer, McGirt & Tissue, Charlotte, NC, for Plaintiffs.

William A. Blancato, McCall, Doughton & Blancato, PLLC, Winston-Salem, NC, for Defendants.

MEMORANDUM OPINION

CACHERIS, Senior District Judge.*

At issue is whether a plaintiff who was awarded a $100.00 statutory penalty, but no actual damages, for a defendant's violation of the North Carolina fair debt collection statutes, can be considered a "prevailing party" and thereby entitled to attorney's fees. For the reasons stated below, the Court finds that (1) the Plaintiff in this case is not a prevailing party...

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