U.S. Equities Corp. v. Wendy Raab (2011)

MEMORANDUM OF DECISION

This action was commenced by the plaintiff, U.S. Equities Corp., against the defendant, Wendy Raab by the filing of a summons and complaint on June 29, 2010.   The suit is a debt collection action on a credit card debt that the plaintiff alleges is due from the defendant in the amount of $10,299.30 plus interest.

On April 25, 2011, the plaintiff filed a motion for summary judgment on the ground that there was no genuine issue of material fact and that it should be granted judgment as a matter of law.   It attached a memorandum of law and submitted as evidence:  (1) a complete chain of title providing assignment of the debt to the plaintiff, (2) an affidavit of debt from the plaintiff, (3) copies of credit card statements that had been mailed to the defendant, (4) a card member agreement and (5) an affidavit of attorneys costs.   In response, the defendant filed a letter with the court explaining her financial situation.   The matter was heard at short calendar on May 16, 2011.

“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.”  (Internal quotation marks omitted.)  Provencher v. Enfield, 284 Conn. 772, 790–91, 936 A.2d 265 (2007).

“In seeking summary judgment, it is the movant who has the burden of showing the nonexistence of any issue of fact ․ Once the moving party has met its burden ․ the opposing party must present evidence that demonstrates the existence of some disputed factual issue ․ It is not enough ․ for the opposing party merely to assert the existence of such a disputed issue.   (Internal quotation marks omitted.)  Zielinski v. Kotsoris, 279 Conn. 312, 318–19, 901 A.2d 1207 (2006).  “In ruling on a motion for summary judgment, the court's function is not to decide issues of material fact, but rather to determine whether any such issues exist.”  Nolan v. Borkowski, 206 Conn. 495, 500, 538 A.2d 1031 (1988).   Moreover, “the trial court must view the evidence in the light most favorable to the nonmoving party.”  (Internal quotation marks omitted.)  Provencher v. Enfield, supra, 284 Conn. 791.

The evidence submitted by the plaintiff establishes that the defendant entered into a credit agreement with Chase Bank. She made purchases for goods and services and received monthly billing statements which identified those purchases and any payments made.   Though the plaintiff made some payments toward the debt, she ultimately defaulted under the terms of the credit agreement with Chase Bank. After the default, the account was properly assigned to the plaintiff.   Thus, the plaintiff has met its burden of showing no genuine issue of material fact.   Moreover, the defendant has failed to provide any evidence that there is a genuine issue of material fact.   Therefore, the court finds that the plaintiff is entitled to judgment as a matter of law.   The plaintiff's motion for summary judgment is granted.

Woods, J.

Woods, Glenn A., J.