Midland Funding LLC, assignee of Chase Bank USA, N.A. v. Tammy Turcotte Raposo.

Syllabus

The defendant, Tammy Raposo, appealed from the entry of two summary judgments in favor of the plaintiff, Midland Funding, LLC, in these consolidated credit-card debt collection appeals. The plaintiff claimed that the defendant owed the plaintiff the unpaid balance on two separate credit-card accounts. The defendant contended that she did not recall opening either account. A hearing justice of the Superior Court granted the plaintiff's motions for summary judgment, finding that the defendant had not asserted any genuine issues of material fact sufficient to survive a motion for summary judgment. On appeal, the defendant argued that the entry of summary judgments in favor of the plaintiff was in error because she had set forth facts that established a genuine issue of material fact as to whether the credit-card accounts were, in fact, her accounts. The Supreme Court held that the defendant's inability to remember opening credit-card accounts or using said credit cards to make purchases did not, without more, establish a genuine issue of material fact in these cases. Accordingly, the Supreme Court affirmed the Superior Court's judgments.