Legal Opinion
Capital One Bank (USA), N.A. v. Denboer
Court of Appeals of Iowa
Decided August 25, 2010No. 09-0354PublishedCited by 9 opinions
1Opinion of the CourtMansfield, J.
A credit card issuer challenges the dismissal of two separate small claims actions for failure to comply with Iowa Code section 537.5114 (2007). The lower courts ruled that section 537.5114 requires the creditor to provide the credit card user’s entire transaction history dating back to when the account last had a zero balance. We disagree. We hold the creditor may comply with section 537.5114 in either of two ways. First, it may establish the pri-ma facie elements of an account stated cause of action. This approach does not require proof of individual transactions. Alternatively, the…
2Cases cited31 opinions
- In Re ShankUnited States Bankruptcy Court, N.D. Georgia · 2004
- Atwood v. VilsackSupreme Court of Iowa · 2006
- Busch v. Hudson & Keyse, LLC, Texas Court of Appeals, 14th District (Houston)2010
- McFarland v. Citibank (South Dakota), N.A., Texas Court of Appeals, 10th District (Waco)2009
- U.S. Bank v. BarbourSupreme Court of Iowa · 2009
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Professional Collection Consultants v. LauronCalifornia Court of Appeal · 2017
- Boerner v. LVNV Funding LLCDistrict Court, E.D. Wisconsin · 2019
- Capital One Bank (Usa), N.A. v. Randy TaylorCourt of Appeals of Iowa · 2015
- Cavalry SPV I, LLC v. Kenneth W. BrownCourt of Appeals of Iowa · 2022
- Citibank, N.A. v. Kevin D. SurberCourt of Appeals of Iowa · 2015
4 more not listed; retrieve them via the Exa API.