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Summer v. Security Credit Servs. LLC

The trial court properly granted partial summary judgment to the creditor in its action to collect on a credit card debt, as the debtors' counterclaims under the Fair Debt Collection Practices Act and the Georgia Fair Business Practices Act failed.

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Security Credit Services, LLC Security Credit, filed suit against Debbie and Robin Summer to collect on a credit card debt owed by the Summers. The Summers answered and also filed counterclaims under the Fair Debt Collection Practices Act FDCPA, 15 USC § 1692 et seq., and the Georgia Fair Business Practices Act GFBPA, OCGA § 10-1-390 et seq.1 The parties filed cross-motions for partial summary judgment on the Summers’ counterclaims, and the trial court granted Security Credit’s motion and denied the Summers’ motion. On appeal, the Summers contend that the trial court erred in granting summary judgment to Security Credit and denying their motion for summary judgment. For the reasons that follow, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review the grant or denial of summary judgment de novo, construing the evidence in favor of the nonmovant.

 
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