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Thomason v. FIA Card Servs. NA

The trial court erred in granting summary judgment to the plaintiff credit card company in its action to recover the outstanding balance due on an account, as it failed to properly authenticate any document provided in support of the summary judgment motion.

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Phillip L. Thomason, pro se, appeals the trial court’s grant of summary judgment to FIA Card Services, N.A. “FIA” on its complaint on a credit-card account, contending that FIA failed to establish that it was the real party in interest with standing to sue and that the trial court erred in summarily disposing of his counterclaims. For the reasons noted infra, we reverse.

Viewed in the light most favorable to the nonmovant Thomason,1 the record reflects that on September 8, 2010, FIA filed suit against Thomason to recover what it alleged was an outstanding balance upon a credit card with a 14-digit account number ending in 3030. Specifically, FIA asserted that Thomason owed an outstanding balance of $76,114.19, plus court costs of $255.00 And in support of its claim, FIA attached to the complaint a copy of a certificate issued and signed by its assistant secretary on July 20, 2009, which certified that on October 20, 2006, Bank of America, N.A. “merged into and under the charter and title of FIA Services . . . .”

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