FLA Card Services, N.A. (“FLA”) filed suit against Pat Ezeoke to recover an unpaid debt on a credit card account. Appearing pro se, Ezeoke filed an answer that did not deny liability. FIA filed a motion for judgment on the pleadings, which the trial court granted. Ezeoke appeals that ruling, contending that the trial court erred in concluding that the documents attached to FIA’s complaint were sufficient to prove liquidated damages. Since the pleadings do not confirm FIA’s calculations of its purported damages, we vacate and remand.
On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the pleadings in a light most favorable to the appellant, drawing all reasonable inferences in her favor. All well-pleaded material allegations of the opposing party’s pleading are to be taken as true, and all allegations of the moving party which have been denied are taken as false.
(Citations, punctuation and footnotes omitted.) Alexander v. Wachovia Bank, Nat. Assn.,
So viewed, the pleadings show that in 2006, Ezeoke entered into a credit card agreement with FIA. Ezeoke received a credit card with an account number ending in 9498 (“Account 9498”) and began making charges against that account. After Ezeoke failed to make payments, FIA brought the instant action to
Appearing pro se, Ezeoke filed an answer in which she did not deny her liability on the credit card account. Rather, Ezeoke asserted that FIA’s predecessor had offered to settle the credit card debt for $6,000 to be paid in full, and that she was unable to make such a payment.
FIA moved for judgment on the pleadings, based on the fact that Ezeoke’s answer did not deny liability. Ezeoke filed no response to FIA’s motion. The trial court granted FIA’s motion and entered an order of judgment against Ezeoke and in favor of FIAfor $16,855.32 (the entire amount requested in FIA’s complaint), plus costs. Ezeoke now appeals from that order.
Ezeoke contends that the trial court erred in granting a judgment on the pleadings since FIA’s documents in the record were insufficient to prove liquidated damages. We agree.
To establish it was entitled to judgment as a matter of law against Ezeoke on a credit card account, FIA was required to show that Ezeoke entered into an agreement or established an account with FIA, accumulated a balance, and failed to pay. See Melman v. FIA Card Svcs.,
Here, FIA did not provide sufficient information for the trial judge to calculate the damages sought with a reasonable degree of certainty. Although Ezeoke’s answer did not deny liability and did not dispute the allegations as to the amount she owed, her failure to do so did not entitle FIA to a judgment on the pleadings. “[A]verments in a pleading as to the amount of damage are not admitted when not denied in the responsive pleading[.]” (Citation and punctuation omitted.) Travelers Ins. Co. v. Johnson,
FIA’s complaint did not explain the basis for computing the $16,855.32 in damages sought on Account 9498. FIA attempted to establish the debt owed on Account 9498 through documents attached to its complaint.
Even if we were to consider the documents, the attached documents were insufficient to establish damages with a reasonable degree of certainty. “[FIA] was required to attach to the affidavit copies of the records relied upon and referred to therein that were
Judgment vacated and case remanded.
Notes
FIA submitted the following documents: a certificate from FIA’s Assistant Secretary-purporting to show FIA’s acquisition of the credit card account; an affidavit from FIA’s records custodian indicating that Ezeoke owed $16,855.32 on a different account number ending in 2163; the credit card agreement for Account 9498; and the July 2010 monthly account statement for Account 9498 addressed to Ezeoke showing a balance of $16,855.32 with a $2,840 due as a minimum payment.