Jackson v. CAVALRY PORTFOLIO SERVICES, LLC
314 Ga. App. 175
| Ga. Ct. App. | 2012Background
- Jackson entered a credit card contract with MBNA America Bank, later assigned to Cavalry Portfolio Services.
- Jackson allegedly defaulted on a $10,029.61 balance, with claimed interest and attorney's fees.
- Cavalry moved for summary judgment, supported by an affidavit from Kristina Pagni with attached records.
- The affidavit stated the balance was 10,029.61 and that no payments were made since transfer; it claimed interest and fees due.
- The trial court granted summary judgment for Cavalry in the principal, interest, and attorney's fees.
- On review, the Georgia Court of Appeals held Cavalry’s affidavit and exhibits insufficient to prove the balance and damages.
- The court concluded the balance and post-transfer interest were not supported by admissible evidence, requiring reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given defective evidentiary support | Jackson contends the affidavit lacks admissible evidence of the balance. | Cavalry argues the affidavit establishes the balance and damages by records and personal knowledge. | No; summary judgment reversed due to inadmissible evidence. |
| Whether the actual balance due was proven | Jackson notes conflicting records show only a portion of the balance due. | Cavalry relied on the affidavit stating the full balance was due. | No; actual balance not sufficiently proven. |
| Whether post-transfer interest and rate were properly proven | Jackson argues the interest amount and rate were not supported by evidence. | Cavalry asserted interest and rate as stated in the affidavit and records. | No; unsupported by admissible evidence. |
Key Cases Cited
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1997) (breach of contract elements and damages at issue; summary judgment standard)
- Goddard v. City of Albany, 285 Ga. 882 (2009) (hearsay and admissibility in affidavits; personal knowledge requirement)
- U.S. Lawns, Inc. v. Cutting Edge Landscaping, LLC, 311 Ga. App. 674 (2011) (reliance on attorney’s statements without personal knowledge is insufficient)
- Norton v. Budget Rent A Car System, 307 Ga. App. 501 (2010) (breach of contract elements; damages required)
- Ponder v. CACV of Colo., LLC, 289 Ga. App. 858 (2008) (reversal for lack of evidence supporting essential breach element)