Judge Kimbler Credit Card Trial Order

We have been putting on the following order in cases in which credit card companies are seeking damages from a credit card holder for non-payment. Attorneys representing either credit card companies or credit card holders with cases on my docket should review this order.

At trial Plaintiff must produce monthly account statements to establish the balance prayed for in the complaint, starting from a zero balance or four years of statements, whichever is less. The statements must show the interest rate(s) charged by Plaintiff. Plaintiff must also produce a legible copy of the cardholder's agreement which was in existence when the Defendant last used the account. Plaintiff's evidence must be admissible under the rules of evidence.

In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months Defendant was charged more than 25% per year, Plaintiff must re-calculate the balance due assuming interest at the statutory rate, i.e., 10% through June 2, 2004, 4% from June 3, 2004 through December 31, 2004, 5% for 2005, 6% for 2006, 8% for 2007, 8% for 2008 and 5% for 2009.

In the event the account is no longer held by the original issuer, Plaintiff must show documentary proof of the assignment of the account to demonstrate its legal status to pursue its claim against the Defendant.

If Plaintiff fails to present admissible evidence of the account as set forth above, the Court may enter judgment in favor of Defendant because Plaintiff cannot meet its burden of proof.