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Bank v. Johnson

Court of Appeals of Minnesota

May 13, 2013

Discover Bank, Respondent,
v.
Ayrlahn H. Johnson, Appellant.

UNPUBLISHED OPINION

Dakota County District Court File No. 19HA-CV-11-5859

Jason A. Adams, Rausch, Sturm, Israel, Enerson & Hornik, LLC, Minneapolis, Minnesota (for respondent)

Ayrlahn H. Johnson, Burnsville, Minnesota (pro se appellant)

Considered and decided by Larkin, Presiding Judge; Halbrooks, Judge; and Rodenberg, Judge.

HALBROOKS, Judge

Appellant Ayrlahn Johnson challenges the district court's grant of summary judgment in favor of respondent Discover Bank on its claim for recovery of credit-card debt. Because the evidence reveals that Johnson had an existing account with Discover Bank with a stated debt of $11, 741.98 and because Johnson's arguments on appeal are without merit or support, we affirm.

FACTS

Discover Bank issued a credit card to Johnson and sent him monthly statements on the account. The billing statements reflect that Johnson received extensions of credit from the bank and made multiple payments on the account. Johnson never objected to these statements or the amounts due on his account. The amount of debt owing on Johnson's account fluctuated between approximately $10, 600 and $11, 700 for about two years. In February 2010, he owed $11, 741.98.

Discover Bank filed a collection action based on an account-stated theory to recover the $11, 741.98 owing on Johnson's account plus costs and disbursements. Discover Bank then moved for summary judgment, which Johnson opposed. The district court continued the matter at Johnson's request to allow him additional time to conduct discovery.

After responding to Johnson's discovery requests, Discover Bank renewed its motion for summary judgment. In support of its motion, Discover Bank submitted an affidavit from its custodian of records, Nataslia Stetyzie, in which she attests that Discover Bank's business records include copies of the parties' credit-card agreement and that the bank provided Johnson with a notice to cure default.

Johnson opposed Discover Bank's motion and filed an untimely motion for a judgment on the pleadings, which the district court considered. Johnson's sole argument was that Discover Bank had not proved that a relationship existed between the parties.

The district court concluded that Discover Bank established a debtor-creditor relationship between the parties based on the monthly billing statements that indicate that Johnson "obtained extensions of credit on the account and made multiple payments on the account." The district court further determined that Johnson had assented to the accuracy of the statements by retaining them and by making multiple partial payments on the account without any objection, thereby establishing an account stated between Johnson and Discover Bank. Concluding that Johnson failed to raise any genuine issues of material fact, the district court granted summary judgment to Discover Bank, denied Johnson's motion for judgment on ...


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