SPV LLC v. Luann Desrosiers (2010)

The plaintiff, Cavalry SPV I, LLC, sues the defendant, Luann Desrosiers, for an unpaid credit card bill.   On September 16, 2010, the court conducted a bench trial and finds the following facts.

The defendant obtained an LL Bean credit card issued by MBNA America Bank. MBNA merged with Bank of America, and the resulting entity became FIA Card Services, National Association.   FIA later sold the defendant's account to the plaintiff.

While FIA owned the account it, “charged off” the defendant's right to use the credit card in February 2007.   FIA had sent monthly statements to the defendant's correct mailing address for the last two months preceding the charge-off.   The January 2007 statement indicated that the defendant owed an outstanding balance of $6,078.10.   The final statement, for February 2007, indicated an outstanding balance of $6,208.44.   The defendant never disputed these charges which remain delinquent.

The second count of the complaint sets forth a cause of action for an account stated.   A plaintiff satisfies its burden of proof for account stated “by showing it sent [the] defendant monthly statements evidencing [a] balance due and [that the] defendant did not dispute [the] balance listed on [the] statements prior to commencement of action.”  Credit One, LLC v. Head, 117 Conn.App. 92, 100 (2009).   The uncontroverted evidence in this case demonstrates, by a preponderance of the evidence, that the plaintiff has met this burden and proven that the defendant is liable to the plaintiff for the sum of $6,208.44.

The plaintiff also requests prejudgment interest under General Statutes § 37-3(a).   Under that statute, a court may award prejudgment interest at a rate of up to ten per cent per year “for the detention of money after it becomes payable.”   In this case, the court awards prejudgment interest from the charge-off date, February 28, 2007, to September 16, 2010, at a rate of five percent per year.   This prejudgment interest equals $1,101.36.

Judgment enters in favor of the plaintiff against the defendant in the amount of $7,309.80 ($6,208.44 plus $1,101.36) plus costs.

Sferrazza, J.

Sferrazza, Samuel J., J.