American Express Centurion Bank v. Tatiana Rojas (2013)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (104.00)

This credit card collection action was commenced in August 2012 with the plaintiff claiming that the defendant owed $63,391.78 on an American Express credit card.   The defendant, Rojas, representing herself, served an answer that did not deny any allegations in the two-count complaint for breach of contract and account stated.   The answer contained a special defense of “unemployed, unable to issue payment.”

The plaintiff has moved for summary judgment supported by a memorandum of law, an affidavit with exhibits including a copy of the credit agreement, and more than two years worth of monthly statements mailed to the defendant at the same address that appears on her answer, special defense and appearance.   The last monthly statement presented, with a closing date of June 6, 2012, showed a balance due of $63,391.78.

The defendant filed no written opposition to the summary judgment motion.   She appeared in court at short calendar on August 12, 2013, acknowledged the amount due and reiterated an inability to pay.

The court has applied the well recognized standard for judicial review of summary judgment motions, and finds in favor of the plaintiff on both counts of its complaint.

Judgment is entered against the defendant in the amount of $63,391.78 plus costs of $422.68.

TAGGART D. ADAMS

JUDGE TRIAL REFEREE

Adams, Taggart D., J.T.R.