Hilley v. FINANCE AMERICA CORPORATION OF GEORGIA

Bell, Chief Judge.

Plaintiff Finance America Corp. brought this suit to recover the principal balance due on a note, plus attorney fees. The note and a letter notifying defendants that attorney fees would be sought were attached to the complaint. Defendants denied any indebtedness claiming the note was usurious and therefore void and counterclaimed for damages. The case was heard by the trial court and the following order was entered: "... upon no response by defendants and upon motion by plaintiff, judgment is rendered in favor of plaintiff. . Defendants appeal. Held:

There is a presumption of…