Chrysler Financial Services Americas, LLC v. Benjamin

Dillard, Judge.

After Betty and Kerron Benjamin defaulted on a retail-installment contract, Chrysler Financial Services Americas, LLC (“Chrysler FSA”) sued them to recover the deficiency balance and later filed a motion for default judgment based on its belief that they failed to file an answer. But after noting that the Benjamins, acting pro se, had indeed filed an answer, the trial court dismissed Chrysler FSA’s case for failure to prosecute and awarded the Benjamins attorney fees pursuant to OCGA § 9-15-14. Chrysler FSA now appeals, arguing that the trial court abused its discretion. For…