Credigy Receivable, Inc. v. Day

I respectfully dissent from the majority’s reversal of the trial court’s judgment in this case.

The scant record in this case reveals the following: On August 28, 2006, Credigy Receivable, Inc. (“Credigy”), filed a complaint against Stanley B. Day, Jr. (“Day”), seeking to recover money due to nonpayment of a credit-card debt allegedly owed to MBNA, N.A. (“MBNA”), which had been assigned to Credigy. On December 5, 2006, Day answered, denying that he had ever been issued an MBNA credit card and demanding proof thereof; he also demanded proof of any arbitration agree*214ment he had allegedly entered…