Citibank v. Knowles

Banke, Judge.

Although the issues in this case are relatively simple, it reaches us in a somewhat muddled procedural posture.

The appellant bank sued the appellee to collect an alleged indebtedness on a VISA charge card account. The appellee denied liability and counterclaimed for $1,000 in attorney fees and $25,000 in punitive damages based on the bank’s alleged “stubborn litigiousness” in filing the suit. After some discovery had been completed, the bank filed an amendment striking the appellee as the party defendant and purporting to substitute his son as the defendant in his stead. The…