LVNV FUNDING, LLC v. Colvell
22 A.3d 125
| N.J. Super. Ct. App. Div. | 2011Background
- LVNV Funding purchased Colvell's Citibank Sears Gold MasterCard debt on January 10, 2008, including the right to collect the balance and interest.
- LVNV filed a complaint seeking $12,060.75 plus interest, costs, and fees, alleging defendant owed the balance.
- Colvell answered denying the debt and asserting no written agreement or billing statements were received, and no agreement to resolve the alleged indebtedness.
- LVNV moved for summary judgment on July 6, 2010, attaching a computer-generated report that listed only the account and a balance, with no transactions or cycle data and with zero rates.
- The trial court granted summary judgment on July 22, 2010, entering a judgment for $12,121.22 and denying reconsideration.
- The Appellate Division reversed, holding that the proof did not satisfy Rule 6:6-3(a) and that oral argument should have been allowed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given Rule 6:6-3(a) requirements | LVNV contends records show the balance due were sufficient for judgment. | Colvell argues the records lack required transaction and billing-cycle details. | Not proper; insufficient proof under Rule 6:6-3(a). |
| Whether the court should have granted oral argument | LVNV presumably did not rely on oral argument as essential. | Colvell requested oral argument on the summary judgment motion. | Oral argument should have been granted. |
Key Cases Cited
- Raspantini v. Arocho, 364 N.J. Super. 528 (App. Div. 2003) (oral argument appropriate on non-calendar issues; substantive motion)
- Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997) (oral argument on summary judgment)
- Great Atl. & Pac. Tea Co., Inc. v. Checchio, 335 N.J. Super. 495 (App. Div. 2000) (reversal when court failed to provide reasons for paper ruling)
- Spina Asphalt Paving Excavating Contractors, Inc. v. Fairview, 304 N.J. Super. 425 (App. Div. 1997) (oral argument denial impact on appeal)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (N.J. 1995) (standard for evaluating summary judgment and evidentiary materials)