U.S. Equities Corp. v. John Willis (2011)

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT (# 102)

The plaintiff moves for summary judgment on its three-count complaint dated June 28, 2010 seeking judgment as a result of defendant's default on payments for his line of credit with the plaintiff's predecessor in interest.   The plaintiff argues that there is no material fact in dispute.   The court agrees and grants summary judgment in favor of the plaintiff against the defendant.

The defendant, a self-represented party, answered the complaint on a judicial branch form JD–HM–18.   In his answer, he essentially denies the material allegations of the complaint and does not assert any special defenses.

In moving for summary judgment, the plaintiff argues that the defendant did not properly dispute the debt and that plaintiff submitted evidence establishing that it was properly assigned the debt, confirming the balance owed, showing that defendant made payments and charges thereby agreeing to the terms of the Cardmember Agreement.   The plaintiff attached to its motion a copy of the agreement between the defendant and the plaintiff's predecessor in interest, as well as complete chain of title evidencing the assignment to the plaintiff, a signed and sworn affidavit of an Accounts Manager substantiating the amounts due together with the credit card statements including the final billing statement evidencing the amount due on the charge off date as well as an affidavit of attorneys fees.   The defendant filed no response to the motion.

“Practice Book [§ 17–49] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law ․ In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party ․ The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law ․ and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact.   Practice Book [§ 17–46] ․” (Internal quotation marks omitted.)   American Progressive Life & Health Ins. Co. of New York v. Better Benefits, LLC, 292 Conn. 111, 119 (2009);  Larobina v. McDonald, 274 Conn. 394, 399–400 (2005).

The documents submitted by the plaintiff do comport with the requirements of Practice Book § 17–45.   As set forth above, the documentary evidence establishes the chain of title as well as the amounts due and owing to the plaintiff.   The defendant has failed to provide any evidentiary foundation from which this court can say that there is a genuine issue of material fact.

Therefore, the motion for summary judgment is granted.   Judgment may enter in favor of the plaintiff as follows:  Principal:  $4,361.65;  costs in the amount of $342.80 and attorneys fees in the amount of $645.25.   Total due:  $5,349.70. The request for prejudgment and postjudgment interest is denied.   Weekly payments in the amount of $35.00 shall begin twenty-one (21) days after the entry of this order.

SUSAN A. CONNORS

Connors, Susan A., J.