American Express Travel v. Moskoff

The defendant, David Moskoff, appeals a Superior Court (Gray, J.) order granting final default judgment to the plaintiff, American Express Travel. We vacate and remand.

In the spring of 1997, the plaintiff commenced an action against the defendant to collect a credit card debt alleged in the amount of $96,777.89 plus attorney’s fees. In August 1997, the plaintiff served interrogatories upon the defendant, who failed to answer the interrogatories within thirty days. See SUPER. CT. R. 36. Pursuant to Superior Court Rule 36 (Rule 36), the plaintiff moved for conditional default, which the trial…