Capital One Bank v. Burkey, 2008-L-084 (11-14-2008)

OPINION

{¶ 1} Capital One Bank appeals from a judgment of the Willoughby Municipal Court granting a motion to dismiss for failure to state a claim in an action filed by Capital One to collect a debt owed on a credit card account. For the following reasons, we affirm the judgment of the trial court.

{¶ 2} Substantive and Procedural Facts

{¶ 3} The record reflects on March 7, 2008, Capital One filed a complaint in the Willoughby Municipal Court alleging that James C. Burkey, President of Northeastern Asphalt, Inc., and Northeastern owed it $18,456.19 on a credit card account issued by Capital One.…