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Ezeoke v. FIA Card Servs. NA

A credit card company was not entitled to judgment on the pleadings in its action to recover unpaid credit card debt, since the documents in the record were insufficient to prove liquidated damages.

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FIA Card Services, N.A. “FIA” 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.

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