Wills and Trusts Law Firm in Middleburg Heights and Cleveland, OH

2nd Appellate District sidesteps Brown

Credit Card Law Firm in Middleburg Heights and Cleveland, OH

Discover Bank filed a complaint against Pierce for $11,757.16 on a credit card debt. A bench trial took place with Pierce representing himself.

A representative of Discover Bank testified that as of March 2005, Pierce’s credit card balance was $7,931.42 but that Discover Bank did not have Pierce’s account statements from 1987 to April 2005, and that account records are kept up to ten years.

Since 1967, most Ohio Courts have applied the holding in Brown et al v. Columbus Stamping & MFG. Co., 9 Ohio App.2d 123 which states:

An account must show the name of the party charged. It begins with a balance preferably at zero, or with a sum recited that can qualify as an account stated, but at least the balance should be a provable sum. Following the balance, the item or items, dated and identifiable by number or otherwise, representing charges, or debits, and credits, should appear…

The Pierce trial court found that the March 2005 credit card balance of $7,931.42 constituted a proper amount stated and the Court of Appeals held that the trial court’s finding was not against the manifest weight of the evidence.

The Charges:

Discover Bank failed to validate a credit card debt of $11,757.16 with its witness testifying that as of March 2005, Defendant's debt was $7,931.42 but statements prior to this date had been destroyed.

The Verdict:

Pro Se Defendant loses in both the trial court and on appeal.