Summary Judgment Reversed in Credit Card Dispute
The Arkansas Court of Appeals reversed summary judgment in Cavalry SPV, LLC v. Anderson, No. 06-1370 (6/27/07).
Cavalry SPV purchased Anderson's delinquent credit card account from Midfirst Bank. The trial court, misinterpreting Danner v. Discovery Bank (previously posted 5/17/07), held that Ark. R. Civ. P. 10(d) required Cavalry to produce actual charge slips. Cavalry did not have these slips, although it did have a signed application and other documents. The trial court granted summary judgment to Anderson.
The court of appeals reversed, clarifying that Danner does not require charge slips to prove authorized charges on credit card accounts.
