Citybank (South Dakota) N.A. v. Debra Bennett (2011)

MEMORANDUM OF DECISION

The plaintiff, Citibank (South Dakota) N.A., moves for summary judgment in this credit card debt collection action against the defendant, Debra Bennett.   Summary judgment shall be granted if the pleadings and documentary proof submitted demonstrate that no genuine dispute as to material facts exists and that the movant is entitled to judgment as a matter of law.  Practice Book § 17–49.

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 demonstrating that it sent to the defendant monthly statements evidencing a balance due on the account which the defendant failed to dispute in a timely fashion.  Credit One, LLC v. Head, 117 Conn.App. 92, 97–100 (2009).

The documents and affidavits submitted reveal that there is no genuine controversy regarding the following facts.   The plaintiff provided the defendant access to credit through use of a Home Depot credit card.   The defendant admits in its answer that her correct mailing address was the same as the address to which the plaintiff mailed its monthly billing statements.   Various charges and payments were noted on these statements.   The statements reflect that the defendant made no payments on this account after November 2008.

Each monthly bill stated the following:

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL:  If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the Billing Errors address specified on this statement as soon as possible.   We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared.

The monthly statement with a January 2009 closing date indicated that the defendant's account had an outstanding, previous balance of $265.43 and new charges amounting to $1,339.13.   Along with finance charges of $4.59, the total debt on the account for that period was stated as $1,585.38.   The defendant failed to contest this bill within sixty days.

The plaintiff sent to the defendant monthly statements thereafter up to the period including the July 2009 closing date.   The statements show that the defendant made no payments on any bill after November 2008 nor did she dispute any of these monthly statements until after she received a delinquency letter dated October 1, 2009, from the plaintiff's attorney.

In her affidavit, submitted in opposition to this motion, the defendant makes no claim of any earlier written or oral objection to the plaintiff's computation of her outstanding indebtedness on this account.   Her belated request for validation of the charges which generated this indebtedness fails to negate the adequacy of the plaintiff's documentary proof, Credit One, LLC v. Head, supra, 100.

Summary judgment enters in favor of the plaintiff against the defendant on the second count of the complaint in the amount of $2,166.74 plus costs.

Sferrazza, J.

Sferrazza, Samuel J., J.