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Collier v. Am. Express Centurion Bank

When a trial court grants a default judgment in open court and the defendant fails to submit a transcript of the hearing, the default judgment must be affirmed as the defendant has failed to show any legal error.

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On appeal from a default judgment in favor of American Express Centurion Bank concerning his credit card debt, Jerry Collier argues pro se that the trial court erred when it denied his motion to dismiss, when it granted American Express’s motion to strike his pleadings, and when it entered the default judgment.1 We affirm. The record shows that on July 8, 2009, American Express brought this action to collect a debt on Collier’s credit card in the amount of $31,729.62 plus interest and fees. Collier timely answered, including an admission that the account had been closed on August 9, 2006, and moved to dismiss under the two-year statute of limitation stated in OCGA § 9-3-33. The trial court denied the motion to dismiss on the ground that the action was governed by the six-year limitation period concerning written contracts OCGA § 9-3-24 rather than the two-year period concerning personal injuries OCGA § 9-3-33.

After two continuances requested by Collier, the case came on for a noticed trial on February 17, 2010, but Collier did not appear or respond to the call of his case. American Express then moved to strike Collier’s pleadings under Uniform Superior Court Rule 14.2 The trial court granted the motion to strike and entered judgment for American Express by default, including interest and costs. Collier has not included a transcript of the hearing in the record on appeal.

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