U.S. Equities Corp. v. Morrell
Evidence that a defendant made several payments toward a credit card account can lead a court to find that the credit card account belonged to the debtor and that the debtor was not the victim of identity theft. The plaintiff alleged that the defendant, Suzanne Quiroga, obtained a Chase Bank credit card account with the plaintiff's predecessor, failed to pay $7,352 and owes interest of 24 percent, dating back to March 31, 2008. The defendant denied that she applied for the Chase Bank credit card and claimed that she was the victim of identity theft and fraud. The defendant admitted that she made some of the credit card payments and alleged that she was confused because of a medical condition. The court did not credit the defendant's testimony that she made 11 payments toward a Chase Bank credit card account that did not belong to her. There was no evidence, other than the defendant's testimony, that she was the victim of identity theft. The court found that the testimony of the plaintiff's account manager was accurate and that the plaintiff's business records were admissible and trustworthy. The plaintiff produced evidence that in April 2010, the defendant requested a payment plan, so that the defendant could attempt to pay the balance owed. The plaintiff proved a cause of action for an account stated. The court awarded the plaintiff the principal amount of $7,352, plus interest at 24 percent and attorneys' fees of $1,102, for a total of $17,277.