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Portfolio Recovery Associates, LLC v. Healy

Appellate Court of Connecticut

June 23, 2015

PORTFOLIO RECOVERY ASSOCIATES, LLC
v.
JOHN P. HEALY

Argued April 13, 2015

Action to collect a debt, and for other relief, brought to the Superior Court in the judicial district of Hartford, where the court, Peck, J., granted the plaintiff's motion for summary judgment and rendered judgment thereon, from which the defendant appealed to this court.

SYLLABUS

The plaintiff brought an action seeking to collect a credit card debt allegedly owed by the defendant. The original creditor, U Co., had conveyed title of the debt to the plaintiff in exchange for valuable consideration. The plaintiff filed a motion for summary judgment and a hearing was held thereon, at which the parties came to a stipulated agreement. Pursuant to the agreement, judgment would enter for the plaintiff in the amount of $5854.79, which would be paid by the defendant at a rate of $30 per month, the defendant would also pay additional court costs, and no postjudgment interest would accrue on the debt. The trial court thereafter granted the motion for summary judgment and rendered a stipulated judgment in accordance with the parties' agreement, and the defendant appealed to this court.

Held :

1. The defendant's claim that the plaintiff lacked standing to bring the action was unavailing, the plaintiff having sufficiently established standing in this case; the plaintiff's complaint, which alleged that it had purchased title to the debt for consideration and that, despite demands for payment, the defendant had refused to pay, and certain supporting documentation, which included a bill of sale and an assignment of the defendant's debt from U Co. to the plaintiff, were sufficient to support a colorable claim of injury, and the defendant provided no evidence to rebut the presumption that the plaintiff was the rightful owner of the debt.

2. The defendant could not prevail on his claim that the trial court improperly rendered a stipulated judgment for the plaintiff in accordance with the parties' agreement; the defendant provided no authority for his position that the judgment was obtained through improper means, a transcript from the hearing indicated that the defendant willingly entered into an agreement with the plaintiff to repay the debt owed and, in return, the plaintiff agreed to forgo any postjudgment interest on the debt, at the hearing the court asked the defendant if he had any questions, to which he replied that he did not, and the defendant did not demonstrate that he entered into the agreement under fraud, duress, or mistake.

John P. Healy, self-represented, the appellant (defendant).

Jeanine M. Dumont, for the appellee (plaintiff).

Gruendel, Beach and Mullins, Js.

OPINION

PER CURIAM.

[158 Conn.App. 114] The defendant, John P. Healy, appeals from the stipulated judgment, rendered by the trial court in favor of the plaintiff, Portfolio Recovery Associates, LLC, in accordance with an agreement of the parties, following the court's granting of the plaintiff's motion for summary judgment. On appeal, the defendant claims that the plaintiff did not have standing in this case and that the court erred when it instructed the parties to negotiate a settlement. We affirm the judgment of the trial court.

[158 Conn.App. 115] This case involves a debt collection action. On August 22, 2012, the plaintiff filed a complaint alleging that the defendant had defaulted on a credit card debt of $5963.13. The complaint further alleged that the original creditor, U.S. Bank National Association, had conveyed title of the debt to the plaintiff in exchange for valuable consideration. The plaintiff alleged that despite its demands, the defendant failed to repay the debt.

The plaintiff filed a motion for summary judgment and, on May 27, 2014, a hearing was held on the motion, and the motion was granted. At the hearing, the court noted that the defendant, at a prior hearing, had admitted that he owed the debt and the court suggested that the parties attempt to reach an agreement. After leaving the courtroom, the parties returned to notify the court that they had agreed that a judgment be entered for the plaintiff in the amount of $5854.79, to be paid by the defendant at a rate of $30 per month. The defendant also was to pay the plaintiff an additional $350 in court costs. The parties also stipulated that no postjudgment ...


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