Thomason v. Fia Card Services, N.A.
330 Ga. App. 603
Ga. Ct. App.2015Background
- FIA filed on September 8, 2010 a suit against Thomason seeking $76,114.19 plus costs for a 14‑digit credit card account ending 3030.
- FIA attached a certificate stating Bank of America merged into FIA on October 20, 2006, and attached statements showing an outstanding balance for the same account.
- Thomason answered on October 5, 2010 denying indebtedness and challenging FIA’s standing to sue, including privity.
- FIA moved for summary judgment on July 27, 2011, supported by a custodian of records affidavit and an officer’s declaration, plus a customer agreement; asserted the account end 1238 and balance due.
- Thomason sought to amend in October 2012 to add counterclaims for fiduciary breach, bad faith, fraud, FDCPA violations, and other harms; the trial court denied based on the merits of FIA’s claim.
- The trial court granted summary judgment on December 27, 2012 and dismissed Thomason’s counterclaims; Thomason appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Privity/standing proof standard applied | Thomason argues FIA failed to prove privity/standing to sue him. | FIA contends the records and merger history establish privity and entitlement to collect. | Reversed; privity/standing not proven due to authentication issues. |
| Effect of authentication gaps on summary judgment | Thomason asserts documents were not properly authenticated to support the claim. | FIA argues attached agreement and records authenticate the balance. | Reversed; improper authentication defeats the prima facie case. |
| Counterclaims disposition tied to success of the complaint | Thomason contends counterclaims should not be dismissed as contingent on FIA’s success. | FIA argued counterclaims depended on the outcome of the main claim. | Reversed; dismissal of counterclaims improper in light of authentication issues. |
Key Cases Cited
- Taquechel v. Chattahoochee Bank, 260 Ga. 755 (1991) (addressed sufficiency of records and bank statements in affidavits)
- Jackson v. Calvary Portfolio Servs., LLC, 314 Ga. App. 175 (2012) (reversed summary judgment where attached exhibits did not prove amount due)
- Ezeoke v. FIA Card Servs., N.A., 320 Ga. App. 73 (2013) (notes on authentication of attached documents)
- Melman v. FIA Card Services, N.A., 312 Ga. App. 270 (2011) (approved use of identical credit‑card agreement to establish prima facie balance, but required proper authentication)
- Ware v. Multibank 2009‑1 Res‑ADC Venture, LLC, 327 Ga. App. 245 (2014) (affiant authentication of records after transfer can validly support a claim)