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EXPRESS RECOVERY SERVICES, INC. v. SHEWELL

No. 20060576-CA.

171 P.3d 451 (2007)

2007 UT App 318

EXPRESS RECOVERY SERVICES, INC. (a debt collection agency), Plaintiff and Appellant, v. Adam SHEWELL and Jennifer Caldwell-Shewell, Defendants and Appellee.

Court of Appeals of Utah.

September 27, 2007.

Attorney(s) appearing for the Case

Edwin B. Parry and Samuel S. McHenry, West Valley City, for Appellant.

Adam Shewell, Holladay, Appellee Pro Se.

Before BENCH, P.J., DAVIS and ORME, J.

MEMORANDUM DECISION

DAVIS, Judge:

¶ 1 Express Recovery Services, Inc. (Express) appeals the trial court's default judgment, contending that the court erred when it concluded that Express could not recover both attorney fees and a 50% collection commission pursuant to a contractual provision, in addition to interest and the full amount of the debt. Specifically, Express asserts that the trial court erred (1) by "invad[ing] the province of the legislature...

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