Legal Opinion

Capital One Bank (USA), N.A. v. McAndrews

Massachusetts District Court, Appellate Division

Decided February 23, 2012Published

1Opinion of the CourtCoven, J.

Capital One Bank (USA), NA (“Capital One”) has appealed the dismissal of its action against Michelle McAndrews (“McAndrews”) to enforce an alleged credit debt owed by McAndrews pursuant to a revolving credit account. The case was dismissed for Capital One’s failure to comply with a discovery order of the trial court. In her answer to Capital One’s complaint, McAndrews did not deny that she entered into a revolving credit agreement with Capital One. Rather, she disputed that she owed the $3,600.44 amount claimed. We reverse the judgment of dismissal.

After McAndrews’ alleged default, Capital…

2Cases cited5 opinions

  1. J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
  2. Boswell v. Zephyr Lines, Inc.Massachusetts Supreme Judicial Court · 1993
  3. Liss v. StudenyMassachusetts Supreme Judicial Court · 2008
  4. Diamond v. Hanover InsuranceMassachusetts District Court, Appellate Division · 1994
  5. AT&T Universal Card Services Corp. v. ReynoldsMassachusetts District Court, Appellate Division · 1996

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