JPMORGAN CHASE BANK v. VENTURA (2025)

The following paper numbered 1 was read on this motion:

Papers Numbered

Notice of Motion, Affirmations and Exhibits 1

Plaintiff brings its motion seeking a default judgment against defendant in the amount of $11,155.34 for unpaid credit card charges. At the time of defendant's last charges, in June 2023, he owed $9,461.87.

Defendant filed an answer pro se to this action, asserting that (1) he did not receive a copy of the summons and complaint; (2) there was a violation of the duty of good faith and fair dealing; (3) unconscionability; and (4) that plaintiff made “unfair use” of his “information.” Although he did answer the complaint, defendant failed to respond to this motion, despite proper service. It does not appear that there is any merit to any of defendant's assertions; he does not deny the charges.

The Court thus finds that plaintiff is entitled to a judgment against defendant in the amount due three months after the last charges were made; to allow plaintiff to collect interest and late charges for seven months does not seem equitable. Accordingly, plaintiff may submit a proposed Judgment to the Judgment Clerk, in the amount of $10,300.30, plus interest at the statutory rate from the date of entry of this Decision and Order, and shall send a copy to defendant by overnight mail at his last known address within two business days. Plaintiff shall also send a copy of this Decision and Order to defendant by overnight mail within two business days of receipt. In future, plaintiff shall submit a proposed Order with similar motions.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.