STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
NUMBER 2022 CA 0499
GULFSOUTH CREDIT, LLC

VERSUS 

# 4vv-- CLAUDELL CONWAY Judgment Rendered:
Appealed from the Baton Rouge City Court In and for the Parish of East Baton Rouge

State of Louisiana Suit Number 21- 02750-C 

### Honorable Johnell M.Matthews, Presiding 

## DEC 0 7 2022

Richard D. Bankston Counsel for Plaintiff/ Appellant Abbey S. Knight Gulfsouth Credit, LLC Baton Rouge, LA 

### Claudell Conway Defendant/Appellee Baton Rouge, LA In Proper Person

BEFORE: WHIPPLE, C.J., GUIDRY, AND WOLFE, JJ.GUIDRY, J. Plaintiff/

appellant, Gulfsouth Credit, LLC ( Gulfsouth), appeals from a trial 

### courtjudgment failing to award it postjudgment interest in a suit to recover the unpaid debt on three promissory notes executed by defendant/appellee, Claudell Conway. For the reasons that follow, we reverse the trial court' s judgment in part 

### and remand this matterto the trial court for entry ofajudgment consistentwith this opinion. FACTS AND PROCEDURAL HISTORY 

### On August 5, 2021, Gulfsouth filed a suit on three promissory notes against Claudell Conway. 

### In its petition, Gulfsouth alleged that Conway executed the first 

### promissory note on December 13, 2018, in favor of Gulfsouth in the amount of 6, 162.23, together with interest at the rate of 29.3% per year, until the first year afterthe contract maturity date ofJanuary 1, 2021, and thereafter at the rate of 18% 

### peryearuntil satisfied,togetherwith attorney' sfees of25% ofprincipal and interest. 

### Conwayexecuted a second promissory note in favor ofGulfsouth on July 18, 2019, in the amount of $ 3, 599.24, together with interest at the rate of 31. 98% per year, until the first year after the contract maturity date ofAugust 1, 2021, and thereafter at the rate of 18% 

### per year until satisfied, together with attorney' s fees of25% of principal and interest. 

### Conway executed the third promissory note in favor of Gulfsouth on December 1, 2020, in the amount of $ 1, 916.67, together with interest at the rate of 30% 

### per year, until the first year after the contract maturity date of December 10, 2022, and thereafter atthe rate of 18% per year until satisfied, together 

### with attorney' s fees of25% ofprincipal and interest. 

### Gulfsouth allegedthat despite demand, Conway has allowed payments onthe promissory notes to fall behind, and therefore, underthe terms ofthe notes, it was 

### declaring the entire unpaid balance due and payable, together with interest, late charges, 

### and attorney' s fees. Accordingly, Gulfsouth sought judgment against
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### Conway for $3, 453. 18, together with interest on $322.44 of that amount from the

date ofjudicial demand at the rate of 29.3% per year until January 1, 2022, and thereafter at the rate of 18% per year until satisfied; together with interest on 1, 292.81 ofthat amount from the date ofjudicial demand at the rate of31. 98% per year until August 1, 2022, and thereafter at the rate of 18% per year until satisfied; togetherwith interest on the remaining amount of $ 1, 837.93 from the date ofjudicial demand at the rate of 30% per year until December 10, 2023, and thereafter at the rate of 18% per year until satisfied. 

### Gulfsouth also sought attorney' s fees in the amount of 25% ofthe principal and interest and for all court costs, which includes 

### but is not limited to any money paid to a private process serverto serve documents in the suit. 

### Following a trial on February 24, 2022, the trial court renderedjudgment in favor ofGulfsouth and against Conway for the payoff amount as ofthe date ofthe 

### trial forthe sum of $

5,283. 14 togetherwith an attorney' sfee of25% and for all costs, 

### including but not limited to any money paid to a private process server to serve documents in the suit and court costs. 

### The judgment denied any postjudgment interest. 

### Gulfsouth appealed from the trial court' sjudgment, asserting thatthe trial court erred in failing to award it postjudgment interest. On appeal, this court ex proprio motu, issued a rule to show cause due to an apparent defect in the trial court' s 

### judgment, citing D' Luca v. Kirkland, 20-0713, 20-0714, p. 3 ( La. App. 1 st Cir. 2/ 19/21), 321 So. 3d 411, 413- 414 and U.S. Bank National Association as Trustee 

### for RFMSI 200557 v. Dumas, 21- 0585, p. 3 ( La. App. 1st Cir. 12/22/21), 340 So. 3d 246, 249. Specifically, this court noted that the judgment at issue includes an award for " all costs," 

### further specifying thatthe term " costs ... includes (but is not limited to) 

### any money paid to a private process server to serve documents in this suit[,]" 

### butthatthis language does notspecifythe amountofcostsforthe proceeding nor does it specify the costs ofthe private process server. 

### Consequently, because
3the precise amounts of the " costs" awarded in the judgment cannot be determined

from thejudgment alone,this court orderedthe parties to show cause whythe appeal should or should not be dismissed or remanded. After receiving a response to the show cause order and referring the matterto the merits ofthe appeal, this court found thejudgment was indefinite and therefore 

### not a finaljudgment because it did not specify an amount forthe award ofcosts for a private process server and otherwise left determination of those costs for a later date. As such,this court remanded the matterto the trial court forthe limited purpose 

### of instructing the trial court to sign an amended final judgment that is precise, definite, and certain and contains proper decretal language and ordered that the 

### record in this pending appeal shall be supplemented with such amended final judgment within 15 days.

On November 9, 2022, the record on appeal was supplemented with an 

### amended final judgment, in favor of Gulfsouth and against Conway forthe payoff 

### amount as ofFebruary 24, 2022, the date oftrial, forthe sum of $ 5,283. 14, together 

### with an attorney' s fee oftwenty-five percent, and forall court costs. DISCUSSION 

### The Louisiana Consumer Credit Law, La.R.S. 9:3510 et seq., defines " unpaid debt" as used in that Chapter as " the total of the amount financed, loan finance 

### charges, default charges, and delinquency charges including the amount due at the time ofdefault plus all interest which may accruefrom the time ofdefault until the entire balance is paid." La. R.S. 9: 3516(37) ( Emphasis added). Louisiana Revised 

### Statutes 9:3519-9:3521 permits interest in the amounts set out in the promissory 

### notes at issue herein, including the assessment ofinterest in the amount of 18% per 

### annum beginning one year after maturity until paid. See Tri - Parish Financial 

### Services Inc.v. Bradley,01- 1350, p. 4 (La.App. 5th Cir.3/26/02), 815 So. 2d 219, 221.

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### Gulfsouth, in filing its suit on the promissory notes, sought the amount owed

under the notes, plus interest in the amounts set forth in those notes until maturity. 

### Additionally, Gulfsouth sought, in conformity with the promissory notes, an award of interest at the rate of 18% 

### from maturity of each note until paid. Gulfsouth 

### introduced copies ofthe three promissory notes into evidence at the hearing and a representative from Gulfsouth testified as to the amounts owed on each note, 

### including the breakdown ofinterest owed before and after maturity. Accordingly, 

### because we find that an award ofinterest until the notes arepaid is both statutorily 

### and contractually provided for, and Gulfsouth presented evidence regarding the calculation of the amount of interest owed, we find the trial court abused its 

### discretion in failing to include an award for interest at the rate of 18% until paid in itsjudgment. CONCLUSION 

### For the foregoing reasons, we reverse the trial courtjudgment to the extent that it failed to award interest at the rate of 18% until paid on each note and remand 

### this matter to the trial court for entry of ajudgment consistent with this opinion. REVERSED IN PART AND REMANDED.

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