Credit Card Companies Must Submit Specific Proofs To Obtain a Judgment Against You in NJ
- November 23, 2012
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Capital One Bank, N.A. filed a complaint in the Essex County Superior Court against Palomino, the debtor, demanding $938.81 due from purchases made using her Capital One Visa card. The debtor’s answer to the complaint was simply that she did not owe the money as she never had a Visa account. The trial judge granted summary judgment to Capital One Bank. The New Jersey Appellate Court restated the proof required to obtain a judgment on a revolving credit card debt. According to the prior case of L.V.N.V. Funding, LLC v Colvell, in a collections suit on a revolving credit card account, the creditor must set forth (1) the previous balance; (2) identify all transactions and credits; (3) set forth the corresponding interest rates; (4) set forth the balance on which the charge is computed; (5) set forth any other charges; (6) list the closing date of the billing cycle; and (7) provide the new credit account balance. Additionally, these forms of proof must meet federal requirements relating to credit card billing statements under 15 U.S.C. § 1637(b). If you are facing debt collections, you should consult an experienced consumer debt attorney immediately in order to protect your rights. For more information on debt collections, consumer fraud, foreclosure, bankruptcy or other consumer debt related matters in New Jersey visit TheNJBankruptcyAttorney. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.