LLC v. Doreen Nugent (2011)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (102.00)

The plaintiff, as assignee of FIA Card Services, NA brought this collection action against the defendant Doreen Nugent, a holder of a credit card issued by Bank of America.   Plaintiff claims that Nugent has defaulted on her obligation to pay under the credit card contract and owed $11,147.77 as of July 2009, plus interest.   Ms. Nugent, representing herself, has appeared and answered the complaint, admitting that she was extended credit but denying the amount owed, and in a special defense claiming that she tried unsuccessfully to work out a payment plan with the assignor, and that the fees and interest claimed are exorbitant.

Plaintiff has moved for summary judgment, and by way of affidavits has adequately traced the assignment of the account to it and established the amount due and owing as $11,147.77.   In support, the plaintiff has provided copies of Bank of America Emerald Card monthly account statements sent to Nugent at her address in Stamford, Connecticut from August 2008 (showing a previous balance of $1,899.73, and purchases of $2,128.01) through July 27, 2009 (showing an amount due of $12,064.91).   In the affidavit of Louis Dardignac he states the amount due is $16,028.91 based on a principal amount due of $11,147.77, and the remainder made up of “other charges.”

Nugent has not filed any affidavit, memorandum or other papers in opposition to the motion for summary judgment.

Based on the examination of the papers on file, and applying the well established principles relevant to summary judgment motions, the court grants the motion for summary judgment.   Judgment is entered for the plaintiff in the amount of $11,147.47 (no greater amount is substantiated) plus allowable costs.   Postjudgment interest shall accrue at six percent per annum.

SO ORDERED

TAGGART D. ADAMS

JUDGE TRIAL REFEREE

Adams, Taggart D., J.