FIA Card Services Summary Judgment Overturned on Appeal; Mullooly Jeffrey Rooney & Flynn defeated

FIA Card Services Summary Judgment Overturned on Appeal;
Mullooly Jeffrey Rooney & Flynn defeated

Supreme Court of the State of New York; Appellate Term, Second Department
Civil Court of the City of New York, County of Queens

This case involved an FIA Card Services collection lawsuit. FIA Card Services is a subsidiary of Bank of America, N.A. FIA Card Services was represented in court by the debt collector for Bank of America, Mullooly Jeffrey Rooney & Flynn LLP. The Queens debt collection lawyer they send to court will take advantage of you if they can.

In this case, the Queens County Civil Court judge granted FIA Card Services’ Motion for Summary Judgment, and awarded the bank more than $11,300.

The defendant appealed the court’s decision within the 30 day timeframe required by law [1].

The appellate court effectively showed the trial judge favored Bank of America and the Queens debt collection attorney.

The Appellate Term judges overturned the trial judge’s award of summary judgment to Bank of America, finding:

  1. No Breach of Credit Card Agreement

The bank failed to prove breach of a credit card contract because it did not produce credit card billing statements showing transactions or purchases allegedly made by the defendant [2].

  1. No Proof of Account Stated

The bank failed to prove Account Stated because:

  1. The FIA Card Service records custodian affidavit was devoid of facts about what monthly billing statements were mailed to the defendant, the dates, manner, and destination of the mailings. [3]b. The Bank of America records custodian affidavit did not contain proof the billing statements were received by the defendant, and the billing statements were retained by defendant without objection. [4]

What is Account Stated?

A cause of action for Account Stated is a claim often brought by a bank seeking a judgment for credit card debt. The basis of the claim is that the bank sent monthly billing statements to the defendant, and the defendant received those billing statements and did not raise any objections. In certain circumstances, this entitled the bank to entry of a judgment against the account holder.

However, it is not always easy for the bank to prove Account Stated, even though the fast talking debt collector in court may claim otherwise.

Conclusion

If you have been served with a claim for an Account Stated by FIA Card Services, Mullooly Jeffrey Rooney & Flynn LLP, summary judgment may not be far off if your case is in Queens County Civil Court. Contact our Queens Debt Collection Defense Lawyer for a free review of the bank’s available evidence, and avoid possible FIA Card Services wage garnishment by Mullooly Jeffrey law firm.

Our Queens debt settlement lawyer will also provide a free consultation about settling your debt upon request.

[1] see CPLR 5501(c)

[2] Adverlight Collections, Inc v. Naydensky, 25 Misc 3d 126(A) 2009 NY Slip Op 52051(U) (App Term, 2d, 11th & 13th Jud Dists 2009)

[3]Debt Collection, Citibank South Dakota, N.A. v. Goldberg, 24 Misc 3d 143(A)2009 NY Slip Op 51735(U) (App Term, 2d, 11th & 13th Jud Dists 2009)

[4] Debt Collection, Discover Bank v. Williamson, 14 Misc 3d 136(A) 2007 NY Slip Op 50231(U) (App Term, 2d & 11th Jud Dists 2007)

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