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A Mississippi law firm is facing allegations that it abused the judicial process and made misrepresentations to the court after it pursued a judgment for over $15,000 against a minor for failing to comply with a court order she claims she never received, according to a complaint filed in federal court last week.
This suit was first surfaced by Law.com Radar.
Attorneys at Henley, Lotterhos & Henley, primarily based in Jackson, Mississippi, represented State Farm and issued two summons to Amanda Bryant, then 17, at an address in Minter City despite her never living there. Bryant never received the summons, but State Farm initiated a claim in Leflore County Court against Bryant in October 2013 following an November 2010 auto accident in Gulfport, Mississippi.
Bryant's complaint, filed in the U.S. District Court for the Northern District of Mississippi, asserts that the firm continued to prosecute the claim by mailing a motion to compel discovery at the wrong address. State Farm's counsel later filed a certificate of service despite Bryant never receiving the filing, according to the complaint.
Attorney Thomas M. Flanagan Jr., of Greenwood, Mississippi, is representing Bryant and said his team will continue to fight against State Farm and the firm. Bryant's case was previously filed in state court, but it was removed to Mississippi federal court after the state Supreme Court dismissed the firm from the lawsuit, he said.
Citing that Bryant failed to comply with the court by not responding to discovery requests, State Farm was awarded a default judgment for $15,260.60 against Bryant that was entered into the court in September 2014, the filing said.
Bryant said she never received or had knowledge of the default judgment, until she was involved in a minor accident in August 2020 and was told her license was suspended for failure to pay it. The filing also said she was arrested and placed in jail for failing to have a valid driver's license with her only option for her license reinstatement requiring a payment plan to satisfy the default judgment.
A Hinds County judge set aside the default judgment and dismissed the case after the court found the record did not show proper service of process to Bryant. The action in court occurred after the firm failed to voluntarily set aside the default judgment, the complaint said.
Bryant claims the firm and Sate Farm were negligent in prosecuting the action and aiming to enforce the unlawful judgment. She is seeking punitive damages amid claims that the wrongful acts of the firm and State Farm rise to the level of intentional conduct.
J. Walker Sturdivant, of Glendora, and Flanagan are representing Bryant.
Attorneys Amanda B. Barbour and La'Toyia Jenessa Slay, of Butler Snow in Ridgeland, are representing State Farm.
Counsel for Henley Lotterhos has not yet made an appearance.
None of the attorneys could be reached for comment.