Arrow Financial Services, LLC v. Guiliani, 32 A.3d 1055

Arrow filed suit against Guiliani seeking damages on an alleged Washington Mutual credit card account that Arrow purportedly owns as assignee.
Arrow moved for summary judgment on November 24, 2010, attaching a clerk’s affidavit, a bill of sale, an account summary, and an unsigned client-letter document.
The bill of sale purportedly transfers accounts from Washington Mutual to Arrow but lacked the account schedule (Appendix A) and did not specifically reference Guiliani’s account.
Arrow’s affidavit asserts Guiliani contracted with Washington Mutual for a revolving line of credit, but Arrow did not produce the original contract or corroborating contract documentation.
The account summary attached to support the balance alleged a total of $5044.62 but failed to itemize principal versus interest or provide proof of last payment.
Guiliani opposed Arrow’s motion but did not submit a contradictory sworn statement or supporting documents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Arrow proved ownership of Guiliani’s account as assignee.	Arrow owns Guiliani’s account per the bill of sale from Washington Mutual.	Bill of sale lacks the required schedule and does not prove Guiliani’s account ownership; no original contract shown.	Arrow failed to prove ownership without dispute as to material fact.
Whether a contract for Guiliani’s credit card existed with Washington Mutual.	Guiliani entered into a revolving line of credit with Washington Mutual per Arrow’s records.	Arrow did not produce the original contract or sufficient documentation linking Guiliani to a Washington Mutual credit card.	No decisive contract evidence; issue remains disputed.
Whether the amount due on the account was properly established.	Account summary shows a balance of $5044.62 as the unpaid balance.	Account summary does not distinguish principal from interest or show a calculable balance; no past payment history provided.	Balance proof insufficient to establish amount due without dispute.
Whether there is adequate proof of Guiliani’s payments and account activity.	Guiliani’s last payment was around December 11, 2006.	No documentation of payments or payment history supporting the assertion.	Payment history not proven; disputes remain material.

Cach, LLC v. Kulas, 21 A.3d 1015 (Me 2011) (moving-party burden on summary judgment requires proof of each element without material dispute; unsupported materials insufficient)