Capital One Bank USA v. Khan

ROY L. RICHTER, Judge.

Kamran Khan (“Defendant”) appeals the trial court’s order denying his motion to set aside the default judgment entered against him in and in favor of Capital One Bank USA (“Plaintiff’). We dismiss the appeal.

I. BACKGROUND

On May 4, 2010, Plaintiff brought suit against Defendant in order to collect on the outstanding balance on Defendant’s Capital One credit card. A default judgment was entered against Defendant on July 19, 2010, but later was set aside following Defendant’s claim of clerical errors pursuant to Rule 74.06. On August 27, 2010, Defendant timely filed an…