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Discover Bank v. Owens

129 Ohio Misc. 2d 71, 822 N.E.2d 869 (2004)

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Discover Bank v. Owens

Cleveland Municipal Court
129 Ohio Misc. 2d 71, 822 N.E.2d 869 (2004)

AR

Facts

In 1996, Ruth Owens (defendant) received a credit card from Discover Bank (plaintiff). Owens charged a little over $1,400 on the card. Discover also charged Owens $10 per month for CreditSafe Plus, which would allegedly put her payments on hold if Owens was unemployed, hospitalized, or disabled. However, Owens was already on Social Security disability and unemployed when she got the card. In 1997, Owens used the card for the last time, taking a $300 cash advance from Sears. For the next six years, Owens tried to make what payments she could, but because of overdraft and late fees, her debt rose to $5,564.28 despite the fact that she had paid $3,492 on the original $1,900 debt. Owens sent Discover a letter saying that she would like to pay off her debt but simply could not do so. Discover responded by suing Owens for the debt balance.

Rule of Law

Issue

Holding and Reasoning (Triozzi, J.)

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