Benson v. ASSET ACCEPTANCE, LLC

Smith, Presiding Judge.

This appeal results from our grant of Sandra Benson’s application for interlocutory review of the trial court’s denial of her summary judgment motion in a suit on open account brought against her by Asset Acceptance, LLC (“Asset Acceptance”), as assignee of Citibank, U.S.A., N.A. (“Citibank USA”). Benson contends that she was entitled to summary judgment in her favor because Asset Acceptance failed to present evidence showing that it was a real party in interest entitled to bring this suit against her. We agree and therefore reverse.

The doctrine of privity of contract…