Fidelity Trust Co. v. Brennan

Sherman, P J.

This is an action in contract to recover payment of a credit card account balance owed by the defendants. The defendants counterclaimed for G.L.c. 93A damages for the plaintiffs alleged unfair collection practices.

The trial court allowed the plaintiff s Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment on both the complaint and the counterclaim. The defendants now appeal the trial court’s subsequent denial of their motion for relief from such judgment.

The record indicates that after defaulting on their credit card payments because of financial difficulties,…