Bird v. First Deposit National Bank

OPINION

SUSAN LARSEN, Justice.

This restricted appeal involves the issue of whether a credit card debt may properly be subject to a suit on a sworn account. We find that it may not, at least not in cases involving the advance of money by a financial institution that is neither a merchant nor supplier of services. We therefore reverse and remand.

Procedural History

First Deposit National Bank sued Karen Smith Bird for debts incurred on a credit card issued in her name. $3,500 of the alleged $5,653.49 debt was a cash advance. Ms. Smith filed an answer asserting defenses of limitations, forgery, res…