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COA reverses summary judgment in complaint to recover credit card debt

November 8, 2013

Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.

In Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa, 48A05-1303-CC-110, the trial court granted summary judgment to Midland Funding on its lawsuit seeking damages of more than $3,400 plus interest and costs from Hitesh Seth. Seth had not paid his credit card debt on a card opened with Columbus Bank and Trust. The COA agreed with Seth’s appellate argument that Midland did not make a prima facie case showing no issues of material fact that would support summary judgment.

Of Midland’s designated evidence, only the affidavits from Andrew Carlson of Jefferson Capital Systems, LLC, and Midland Credit Management employee Erin Degel are potentially proper Trial Rule 56 evidence. But these affidavits are insufficient to support summary judgment.  

The judges found that the Carlson affidavit is too vague to support Midland’s contentions in support of summary judgment. And Degel’s affidavit is not based on personal knowledge as required by Trial Rule 56(E). Degel’s employment with Midland’s servicing agent, MCM, does not establish her personal knowledge of any of the facts pertaining to Midland’s complaint against Seth.

The case is remanded for further proceedings.

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