Franklin Credit Management Corp. v. Friedenberg

Blackburn, Presiding Judge.

In this action originally filed to collect on a promissory note (which complaint the plaintiff soon dismissed with prejudice), plaintiff Franklin Credit Management Corporation (“Franklin”) appeals the grant of summary judgment to Karen Friedenberg on her counterclaim for damages arising out of Franklin’s refusal to cancel a deed securing the note until four years after the note had been paid. Franklin argues that because it did not receive a written demand for liquidated damages via certified mail, the court erred in awarding liquidated damages under OCGA § 44-14-3…