FIA Cards sued the Debtor seeking recovery of $46,311.81 outstanding on a credit card. The trial court granted summary judgment to FIA Cards and the Debtor appealed arguing that FIA Cards had failed to prove the existence of an account.
The Court of Appeals agreed finding that FIA Cards has only provided three credit card statements from the months surrounding the default. Further, there was no evidence in the record on appeal that even these statements were verified. As such, FIA Cards had failed to comply with the requirements of N.C.G.S. § 8-45 to prove the existence of an account and summary judgment was not appropriate.
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