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Belmont v. Associates National Bank (Delaware)
United States District Court for the Eastern District of New York
119 F. Supp. 2d 149 (E.D.N.Y. 2000)
In 1987, Peter Belmont (plaintiff) co-signed for a credit-card account with his son. The account was later purchased by Associates National Bank (Associates) (defendant). In 1992, Belmont sent a letter attempting to revoke his co-signership. Associates denied that it had received the letter, and continued to list Belmont on the account statements. After Belmont’s son declared bankruptcy, Associates identified Belmont as the primary cardholder on the account. Associates sent Belmont an account statement that indicated a balance owed of $1,895.49. On May 15, Belmont sent Associates a letter in which he explained his belief that the $1,895.49 bill was in error, and requested documentation evidencing his obligation to pay. Associates received the letter on May 19 and replied to Belmont on July 20, explaining his son’s delinquency. After Belmont sent letters reiterating his belief of error, national credit-reporting agency Trans Union issued a credit report for Belmont, which included the Associates account delinquency. Belmont brought suit against Associates under the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. Associates moved for dismissal or summary judgment. Belmont also moved for summary judgment.
Rule of Law
Holding and Reasoning (Trager, J.)
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