FOR MORE RECENT CASELAW CLICK ---> Houston Consumer Debt Law Appeals ---> Credit Card Debt Collection Suits in Other Texas Appeals Courts Collections suit by Citibank (South Dakota) N.A., Unifund CCR Partners, JPMorgan Chase Bank, Bank of America N.A. (FIA CARD SERVICES MBNA) Hayes v. Wells Fargo Bank (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Radack) (suit for nonpayment under promissory note, balloon payment, right to jury trial waived by failure to timely pay jury fee) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00720-CV Leroy Hayes, Jr. v. Wells Fargo Bank, N.A. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Ghia v. AMEX (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (judment for creditor in suit to collect credit card debt affirmed) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00653-CV Sikander Ghia aka Ghia Sikander, Individually v. American Express Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Hon. Lynn M. Bradshaw-Hull) Stewart v. Unifund CCR Partners, LLC (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam) (involuntary dismissal, failure to pay for record) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00157-CV Rebecca Stewart v. Unifund CCR Partners, LLC as Assignee of Palisades Collection LLC Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Knopp v. CitiBank (South Dakota) N.A. (Tex.App.- Houston [1st Dist.] May 17, 2007)(May 17, 2007) (per curiam)(agreed motion to dismiss granted) Winchek v. American Exp. Travel Related Servs. Co., 232 S.W.3d 197 (Tex. App. — Houston [1st Dist.] 2007, no pet.)(Higley) (summary judgment based on breach of credit card agreement affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00392-CV Mary Winchek v. American Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Landaverde v. Centurion Capital Corporation (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)(Hedges) (sworn account suit under rule 185 not available to collect credit card debt, deemed admissions don't support judgment, more relief granted than requested in motion for summary judgment) SJ REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00712-CV Jose A. Landaverde v. Centurion Capital Corporation Hay v. Citibank (Tex.App.–Houston [14th. Dist.] June 27, 2006)(Opinion by Justice Edelman)(debtor’s challenge to summary judgment on credit card debt; partially reversed for lack of evidence supporting calculation of charges for interest) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Richard Edelman 14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) (“In addition to purchases, the Citibank statements contain charges for late fees and over credit limit fees, the amounts of which are flat fees plainly specified in the terms and conditions in exhibit C. However, the statements also impose finance charges, which are generally described in the terms and conditions, but neither the statements nor Citibank’s other summary judgment evidence provides an explanation showing specifically how these amounts were calculated. Because this evidence is therefore insufficient to prove that Hay owed those amounts, we sustain her fifth issue as to the finance charges, and we need not address her other challenges to those amounts. .. Accordingly, the summary judgment is: (1) reversed as to the finance charges and remanded to the trial court for further proceedings thereon; and (2) affirmed as to the remainder of the judgment.”) Alexander v. Citibank (Tex.App.- Houston [14th Dist.] Jan 17, 2006)(Opinion by Justice Kem Frost)(consumer law, credit card dispute, quantum meruit, not all charges proven) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-04-01087-CV Susan Alexander v. Citibank (South Dakota) N.A Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Fair Credit Reporting Act (FCRA) Credit Card Debt (federal court case) Morris v. Equifax. (5th Cir. Aug 17, 2006)(op. on rehearing) (modifying basis for jurisdiction) Morris v. Equifax, (5th Cir. July 24, 2006) [Fair Credit Reporting Act (FCRA), consumer suit over delinquent account on credit report, joint account with former wife?] |
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