Consumer Debt Defense Case Law: Discover Bank v Witt, 62 Misc 3d 139(A) (App Term 2019)

Discover Bank v Witt, 62 Misc 3d 139(A) (App Term 2019); here is a case with a good affidavit from an individual with personal knowledge of the business practices establishing on a summary judgment motion that Defendant made partial payments on your credit card and did not object to the credit statement. Defendant’s arguments that she never opened up a credit card agreement with Plaintiff was unavailing since Plaintiff showed she made partial payments.

1. Account Stated/Motion Summary Judgment: plaintiff proved that it generated account statements for the defendant in the regular course of business, that it mailed those statements to the defendant on a monthly basis, and that the defendant accepted and retained these statements for a reasonable period of time without objection, and made partial payments thereon.

2. Affidavit Personal Knowledge: a litigation support specialist for plaintiff's servicing affiliate which collects debts owed to plaintiff, averred, among other things, that she had personally reviewed the relevant information and records concerning defendant's credit card account, including defendant's application for a credit card account which had resulted in the opening of the account