158 Conn.App. 113
Conn. App. Ct.2015Background
- Portfolio Recovery Associates (plaintiff) sued John P. Healy (defendant) for default on a credit‑card debt originally owed to U.S. Bank, seeking roughly $5,963.
- Plaintiff alleged it acquired the debt by purchase and attached a Bill of Sale/Assignment and account records; plaintiff’s records custodian submitted an affidavit supporting ownership.
- Defendant had earlier admitted owing the debt at a hearing but later contested plaintiff’s standing on appeal.
- Plaintiff moved for summary judgment; the trial court granted it and encouraged the parties to negotiate payment terms.
- The parties stipulated in open court to a judgment of $5,854.79, payable $30/month plus $350 costs, with no postjudgment interest; the court entered the stipulated judgment.
- Defendant appealed, arguing lack of standing and that the court erred by directing negotiation/entering the stipulated judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to sue as assignee of the debt | Plaintiff alleged purchase of the debt and submitted assignment and custodian affidavit to support ownership | Healy argued plaintiff did not prove assignment/ownership of the debt | Court held plaintiff made a colorable showing of standing; defendant offered no rebuttal evidence, so standing was established |
| Whether the stipulated judgment was improper (court‑directed negotiation/consent vitiated) | Plaintiff: parties voluntarily agreed to terms in open court; judgment is a contract embodying that agreement | Healy argued the court erred by instructing parties to negotiate and that the judgment was improper | Court held stipulated judgment valid; accepted in open court, entered voluntarily and not shown to be procured by fraud, duress, or mistake |
Key Cases Cited
- Richardson v. Commissioner of Correction, 298 Conn. 690 (standing may be raised at any stage)
- State v. DeCaro, 252 Conn. 229 (standing requires only a colorable claim of injury)
- Conboy v. State, 292 Conn. 642 (plaintiff need not supply counteraffidavits when defendant fails to rebut jurisdictional allegations)
- HSBC Bank USA, N.A. v. Navin, 129 Conn. App. 707 (defendant’s failure to contest plaintiff’s possession supports finding of standing)
- Gillis v. Gillis, 214 Conn. 336 (stipulated judgment is a contractual agreement entered in open court)
- Jenks v. Jenks, 232 Conn. 750 (stipulated judgment not voidable for reluctance absent fraud, duress, or mistake)