IN THE STATE COURT OF CHEROKEE COUNTY

STATE OF GEORGIA

CAPITAL ONE BANK (USA), N.A.,

CIVIL ACTION
Plaintiff
FILE NO: 08-XX-0000

JOE BLOE,
Defendant

ORDER GRANTING DEFENDANT’S MOTION FOR ATTORNEY FEES

_______________________________________________________________________

The matter of Defendant’s Motion For Attorneys Fees under O.C.G.A. § 9-15-14is
currently before this Court. After careful consideration of the facts before me, I GRANT
Defendant’s Motion.

FINDINGS
On or around July 5, 2005 Defendant alerted Plaintiff that she had been a victim of
identity theft which resulted in a fraudulent account with Plaintiff who, in August 2005
provided Defendant with a Fraud Information Form which Defendant completed and sent
back to Plaintiff.
After more than two years, on or around February 6, 2008, Plaintiff decided to
attempt collection of said debt from the Defendant and filed a complaint in this Court.
On or around February 11th and again on or around March 17th 2008, Defendants
notified the law firm retained by Plaintiff that the debt was incurred through identity theft
and that the Plaintiff had deemed the account to be fraudulent.
 Plaintiff’s filing of the complaint in pursuance of collecting the debt through legal
action, caused Defendant to obtain legal counsel to protect herself. The Defendant paid
Eight Hundred Fifty Dollars ($850.00) to legal counsel for defending against the action
filed against her.
Defendant has submitted to the Court, a letter she received from the Plaintiff on or
around March 27, 2009in which Plaintiff indicates the attempt to collect the debt was an
“internal error”. Subsequently on April 29, 2009 Plaintiff voluntarily Dismissed the Case
without Prejudice.
Defendant Moved this Court for the Grant of Attorney Fees pursuant to O.C.G.A.
§ 9-15-14 on May 26, 2009.

CITATIONS OF AUTHORITY
O.C.G.A. § 9-15-14 allows the Court, without a jury to determine1, and access
necessary and reasonable attorneys fees in any civil action of any court of record of this
state against any party with respect to which there existed a complete absence of any
justiciable issue of law or fact2. The statute also allows the Court to assess reasonable
and necessary attorney's fees and expenses of litigation in any civil action if, upon the
motion or the court itself, it finds that an attorney or party brought an action, or any part
thereof, that lacked substantial justification 3.
The evidence before this Court shows that two years prior to filing this case,
Plaintiff knew the debt they were attempting to collect was the result of identity theft, or
other fraudulent activity which the Defendant had no knowledge or part of. More than
two years passed after Plaintiff had accepted the account as fraudulent, then without
further communication with Defendant, filed suit causing Defendant to incur legal
expenses.

1
O.C.G.A. §9-15-14(f)
2
O.C.G.A. § 9-15-14(a)
3
O.C.G.A. § 9-15-14(b) “"lacked substantial justification" means substantially frivolous,
substantially groundless, or substantially vexatious”
2
 The Defendant has Moved this Court for an award of attorney fees within forty-
five days as required by O.C.G.A. § 9-15-14(e), and this Court finds that Defendant is
entitled to the grant of and that the attorneys fees were both reasonable and necessary.
Under O.C.G.A. § 9-15-14(a), an award of attorney fees is required when the trial
court determines that a party has asserted a claim with respect to which there is a
complete absence of any justiciable issue of law or fat, and therefore can be no
reasonable belief that a court would accept the asserted claim. See Hall v. Hall, 241
Ga.App. 690, 691, 527 S.E.2d 288, 289 (1999). See also the Supreme Court of Georgia
May 4, 2009 ruling in Century Center at Brasselton, LLC, et., al., v. Town of Braselton,
et., al. No.: S09A0647 in holding because the complaint filed “lacked substantial
justification as provided in O.C.G.A. § 9-15-14(b)” the Court deems that “there existed
such a complete absence of any justiciable issue of law or fact that it could not be
reasonably believed that the court would accept the asserted claim or position”.
Further, the Plaintiff had already deemed the debt to have been fraudulent; filing a
complaint against the Defendant was “substantially frivolous, groundless or vexatious”
Kinard v. Worldcom, Inc. 244 Ga. App. 614, 616, 536 S.E.2d 536, 538 (2000).
Finally, the attorneys fees sought are reasonable. Due to Plaintiff’s actions the
Defendant was forced to incur sums in the amount of $850.00. The costs to Defendant
would not have been incurred had the Plaintiff and their attorneys thoroughly checked the
Plaintiff’s records concerning the debt, and considered their own past determination that
the debt was fraudulently incurred by someone other than the Defendant.

CONCLUSION

3
 The evidence on file shows that Defendant worked with Plaintiff in good-faith and

believed the matter solved in 2005 only to have Plaintiff file suit against her more than

two years later. Having met the requirements of both O.C.G.A. §§ 9-15-14 (a) and (b),

and having timely filed Motion for Attorneys Fees according to O.C.G.A. § 9-15-14(e),

this Court concludes that the attorney fees were both reasonable and necessary for the

reasons stated above.

IT IS HEREBY ORDERED that Defendant’s Motion for Attorney Fees is

GRANTED against the Plaintiff in the amount of Eight Hundred Fifty Dollars ($850.00),

this _____ day of ___________, 2009.

___________________________________________
JUDGE STATE COURT OF CHEROKEE COUNTY