Judge Scott Fairgrieve


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CACH LLC sued for breach of contract as assignee of a consumer debt George allegedly owed from a credit card GE Capital issued to him. CACH moved for summary judgment for $1,237.65, but the court stated in assigned debt cases, an assignee must establish standing to pursue a claim by proving a complete chain of assignment beginning with the original debtor. Also, it must prove defendant’s account was included in the assignment, and defendant given notice of same. The court noted a failure to satisfy such requirements warranted denial of summary judgment. It ruled CACH failed to prove the necessary documentary proof establishing that George defaulted on credit card payments to GE, and the resulting debt was validly assigned to CACH. Also, affidavits CACH submitted could not serve as a basis for admission of annexed billing statements as they lacked personal knowledge of the assignment or GE’s credit card agreement with George, or its billing, mailing or record keeping practices. Further, the court ruled CACH failed to provide a copy of the original credit card agreement, nor was there any indication in CACH’s motion that George was ever notified of the assignment to it. Hence, such deficiencies precluded granting the motion.