Germany v. Wells Fargo Bank, N.A. (Tex.App. 2019)

Standards lowered further to facilitate robo-litigation with sloppy affidavits and minimal documentation in consumer debt litigation  A February 2019 panel opinion of the Fourteenth Court of Appeals in Houston marks a new nadir in the evolving jurisprudence governing credit card collection cases in Texas. Charles J. Germany, Jr. v. Wells Fargo Bank, N.A. (Tex.App. – Houston [14th Dist.] Feb. 7, 2019, pet. filed) (mem. op. by Tracy Christopher). Appealing a summary judgment in the creditor’s favor, counsel for the defendant raised three issues regarding the Bank’s sparse summary judgment evidence, consisting of an affidavit, a generic cardmember agreement, and two account statements:(1) The Bank’s affiant identified the account as a “CORE PLATNIUM” account, which did not match the attached boilerplate cardmember agreement; (2) the affiant asserted that the account balance had been accelerated, referring to the last statement,…

Read more detail on Recent Banking and Finance Law posts –

This entry was posted in Banking and Finance law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply