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Worldwide Asset Purchasing, L.L.C. v. Sandoval

July 14, 2008

WORLDWIDE ASSET PURCHASING, L.L.C. PLAINTIFF-APPELLANT
v.
AMADO SANDOVAL DEFENDANT-APPELLEE



CHARACTER OF PROCEEDING: Civil Appeal From Stark County Court Of Common Pleas Case No. 2007CV00183.

The opinion of the court was delivered by: Edwards, J.

JUDGES: William B. Hoffman, P.J. Julie A. Edwards, J., Patricia A. Delaney, J.

OPINION

JUDGMENT: Affirmed

{¶1} Appellant, Worldwide Asset Purchasing, LLC., appeals the decision of the Stark County Court of Common Pleas granting summary judgment in favor of appellee, Adam Sandoval.

{¶2} This case presents the issue of whether unauthenticated copies of documents which, if signed, are unsworn and not accompanied by affidavits are sufficient to create an issue of material fact in response to a Civil Rule 56(C) motion which affirmatively demonstrates the non-moving party has no evidence to support the non-moving party's claim.

STATEMENT OF FACTS AND CASE

{¶3} On January 11, 2007, appellant, Worldwide Asset Purchasing, LLC., filed a complaint against appellee, Adam Sandoval, for an action on a credit card account and sought judgment in the amount of $13,670.71, plus prejudgment interest, and interest at a rate of 5.9% per annum from December 22, 2006, and costs. Attachments to the complaint included: an unauthenticated non-original "Bill of Sale and Assignment of Assets" purporting to sell certain assets of Metris Companies, Inc. to appellant, but asset schedule not included, a copy of an unsworn certificate of Richard Evans, the secretary for Metris Companies Inc. which states that Metris Companies owns all stock of Metris Direct, Inc. which owns all stock of Direct Merchants Credit Card Bank; and unauthenticated individual monthly credit account statements from Direct Merchants Bank, Cardmember Services, for the months of July 28, 2003, through July 31, 2004, in the appellee's name.

{¶4} The complaint itself stated in pertinent part as follows:

{¶5} "Plaintiff, WORLDWIDE ASSET PURCHASING, LLC N.A. CLAIM, is the purchaser and assignee of the obligation under suit (a copy of the purchased document is attached as exhibit A), and/or as the authorized representative, states for its complaint:

1. Defendant was the holder of a credit card with.*fn1

2. extended credit to the Defendant.*fn2

3. Plaintiff is the purchaser and assignee of the obligation.

4. Defendant had made purchases using his/her credit card.

5. Defendant is now in default with respect to the Account that defines the terms of the issuance of credit.

6. Since being issued a credit card, Defendant has been provided with monthly statements as to the amount due and owing under the terms and conditions of the Account.

7. Defendant has not complied with the terms of the Account, and has failed to pay the charge off balance of $13,670.71 due and owing on the account.

8. Defendant received statements of the amount due on the account and Defendant owes the ...


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