American Express Centurion Bank v. Sebia

NANOVIC, J.,

As is often the case in credit card collection cases, the parties here dispute not only the amount, but also the obligation of the credit card holder for unpaid principal, interest, attorney fees and penalties claimed by the issuing bank. What distinguishes this case from a typical debt collection proceeding, and is critical to our decision, is the need to determine what cause or causes of action plaintiff has set forth in its complaint.

At trial, the plaintiff, American Express Centurion Bank (“Bank”), was unsure of its cause of action: whether for an account stated, for breach of…