Kien M. Nguyen v. Citibank N.A.

403 S.W.3d 927, 2013 WL 3192884, 2013 Tex. App. LEXIS 7623
Court of Appeals of Texas·Decided June 25, 2013·No. 14-12-00153-CV·Published·Cited by 27 cases

Opinion

OPINION

MARTHA HILL JAMISON, Justice.

Kien M. Nguyen appeals from a final summary judgment favoring Citibank N.A. in Citibank’s action to collect a credit card debt from Nguyen. The trial court awarded Citibank $24,867.81. In three issues, Nguyen alleges that (1) Citibank lacks standing to bring the lawsuit, (2) an affidavit used as summary judgment evidence by Citibank was defective, and (8) a material question of fact exists concerning the amount of the alleged debt. We affirm.

Background

Citibank filed suit against Nguyen, alleging that he owed and failed to pay on a credit card account. Citibank thereafter moved for final summary judgment only on its account stated claim, abandoning its other causes of action. 1

In support of its motion, Citibank attached an affidavit by Tiena Reynolds in which she stated that she is employed by Citicorp Credit Services, Inc. (CCSI), a subsidiary of Citibank that services accounts owned by Citibank. 2 She further explained that she is “a custodian of records for CCSI and Citibank with respect to accounts owned by Citibank.” Reynolds identified Nguyen’s account as being owned by Citibank. She stated that CCSI and Citibank maintain certain account information and records in the ordinary course of business and that such records reflect the activity on Nguyen’s account, including charges and payments made, interest accrued, and balances due. She authenticated numerous billing statements attached to the affidavit and testified they were sent to Nguyen, Nguyen had failed to make required payments, and Nguyen was currently in default on the account. She stated that, as reflected in the attached records, a balance of $24,867.81 was then due and owing.

Reynolds further explained that her statements in the affidavit were true and correct and based on her own personal knowledge as custodian of records and review of relevant business records that she had access to by virtue of her position with CCSI. She concluded by reiterating that Citibank is the owner of Nguyen’s account “and the party and entity to whom the delinquent debt is owed.”

In response to Citibank’s motion for summary judgment, Nguyen filed both a motion to abate the proceedings and a response to the motion for summary judgment on the same day. In those documents, Nguyen questioned whether Citi *930 bank had standing to bring the lawsuit since he alleged the entity that sent him statements was called “Citi Cards.” In support, he referenced the account records attached to Reynolds’s affidavit and his own verification of the motion to abate and denial of the account in response to Citibank’s request for admission. He emphasized that Reynolds’s affidavit does not mention Citi Cards and the summary judgment evidence does not reference Citibank. He further challenged Reynolds’s statements in her affidavit asserting Citibank owned the account at issue. The trial court granted Citibank final summary judgment and awarded it $24,867.81 plus court costs and post-judgment interest.

Standing

In his first issue, Nguyen contends that Citibank lacks standing to sue to collect on the account. 3 Standing is a prerequisite to subject matter jurisdiction, and subject matter jurisdiction is essential to a court’s power to decide a case. Bland I.S.D. v. Blue, 34 S.W.3d 547, 553-54 (Tex.2000). The issue of standing focuses on whether a party has a sufficient relationship with a lawsuit to have a “justiciable interest” in its outcome. Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 848 (Tex.2005). A plaintiff has standing when it is personally aggrieved. Id. The standing doctrine requires that there be a real controversy between the parties that actually will be determined by the judicial declaration sought. Id. at 849. Standing is a question of law subject to de novo review. Heckman v. Williamson Cnty., 369 S.W.3d 137, 150 (Tex.2012).

Nguyen specifically argues that Citibank lacked standing because the entity identified in the account records — as the one sending the credit card statements and to whom payments were to be sent — was Citi Cards, and Citibank failed to expressly assert or establish that it was related in any way to Citi Cards or had a right to bring suit on behalf of Citi Cards. Nguyen further points out that in her affidavit, Reynolds drew no explicit connection between Citi Cards and Citibank. He also notes that the home office of Citibank (Sioux Falls, South Dakota), as set forth in the affidavit, is not the location to which he was directed to send his payments (Columbus, Ohio).

As described above, in her affidavit, Reynolds attested to the basis for her knowledge and explained that Citibank was the owner of the account in question, the delinquent balance was owed to Citibank, and the account records attached to the affidavit belonged to Citibank. Cf. First Gibraltar Bank, FSB v. Farley, 895 S.W.2d 425, 428 (Tex.App.-San Antonio 1995, writ denied) (“Testimony in an affidavit that a particular person or entity owns a note is sufficient to conclusively establish ownership even in the absence of supporting documentation if there is no controverting summary judgment evidence.”); Hou -Tex Printers, Inc. v. Marbach, 862 S.W.2d 188, 191 (Tex.App.-Houston [14th Dist.] 1993, no writ) (explaining ownership of note may be established through affidavit) (citing Zarges v. Bevan, 652 S.W.2d 368, 369 (Tex.1983)). Therefore, Citibank indeed established that it owned the account.

*931 Nguyen’s reliance on the fact that the account statements came from and payments were to be sent to Citi Cards does not directly contradict Reynolds’s assertion that Citibank owns the account. See Grant-Brooks v. Transam. Bank, N.A., No. 05-02-00754-CV, 2003 WL 203481, at *2 (Tex.App.-Dallas Jan. 31, 2003, no pet.) (mem. op.) (holding that fact another bank’s name appeared on credit application signed by debtor did not controvert plaintiff bank employee’s affidavit asserting ownership on behalf of plaintiff bank). Similarly, the mere alleged fact that the headquarters for Citibank is in a different city than the location to which Nguyen was directed to send his payments does not contradict Reynolds’s assertion of ownership on behalf of Citibank. Accordingly, the record establishes Citibank had standing to bring this suit. We overrule Nguyen’s first issue.

Affidavit

In his second issue, Nguyen asserts that Reynolds’s affidavit was defective and therefore not competent summary judgment evidence.

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Kien M. Nguyen v. Citibank N.A., 403 S.W.3d 927, 2013 WL 3192884, 2013 Tex. App. LEXIS 7623 (Tex. Ct. App. 2013).

403 S.W.3d 927 (Kien M. Nguyen v. Citibank N.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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