Former congressman is found liable to pay CDA over $21K

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Posted on Jan 12 2006
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The Superior Court yesterday found former Rep. Manasses S. Borja liable to pay the Commonwealth Development Authority $21,858.04 for non-payment of a debt that he borrowed from the agency 11 years ago.

In a default judgment, Associate Judge Juan T. Lizama ordered Borja to pay the principal amount of $13,047.08, plus accrued interest in the amount of $7,148.73 as of Dec. 13, 2005, plus $412.23 in late fees and penalty charges.

Lizama also directed Borja to pay $1,250 in attorneys’ fees and collection costs incurred by CDA in pursuing the default judgment.

The $1,250, the judge said, does not include any future attorneys’ fees and expenses incurred by the agency for the enforcement and collection of the judgment amounts.

Lizama said that, if payment is not made within three months from yesterday, Borja’s real property containing 478 square meters in Chalan Kanoa and any improvements in the land shall be seized and sold.

The proceeds of any sale shall be applied to satisfy the judgment, Lizama said.

The judge allowed CDA to execute against the former congressman any deficiency that may remain after applying all sales.

Court records show that in August 2004 CDA sued Borja over non-payment of $18,771 debt plus interest and accrued interest.

CDA then asked the court to order Borja to pay the principal sum of $13,047 plus accrued interest of $15,311 and penalty charges of $412 for a total of $18,771, which was due as of last May 21, 2004.

According to the complaint in June 1995, CDA extended a$25,000 direct loan to Borja. In accordance with the promissory note, Borja agreed to repay the direct loan in monthly installments, beginning July 16, 1995 and continuing until the loan was paid in full on June 16, 2000.

In February 1999, at Borja’s request, CDA revised the loan, making a new principal amount of $13,050 with new monthly payments.

In his order issued yesterday, Lizama said despite being served with the complaint, Borja failed to answer the lawsuit.

The Clerk of Court then entered a default judgment. A default judgment hearing was held on Dec. 13, 2005, Lizama said.

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