Elstner v. Golden

By Judge William H. Ledbetter, Jr.

In this civil appeal, a creditor seeks to recover attorney’s fees incurred in connection with a debt collection. The case was tried without a jury on August 28, 2001. After hearing the evidence and arguments of counsel, the court made the following factual determinations.

Elstner performed dental services for Golden (and his family). Golden’s balance exceeded $3,000.00 between 1998 and 2000. In April or May 2000, Elstner sent a “standard” or “form” notice to Golden regarding the account arrears. Elstner then referred the account to Walter J. Sheffield, an…