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IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI
ASSOCIATE DIVISION V
CAPTIAL ONE, N.A., )
)
Plaintiffs, )
vs. ) Case No. 18AO-AC02418
)
FILED
LORETTA M WELCH ) MELISSA HOLCOMB- CLERK
) October 11, 2019
Defendant. )
JASPER COUNTY
JUDGMENT CIRCUIT COURT
JOPLIN, MISSOURI
BE IT REMEMBERED, that on the 23rd day of September, 2019, this cause came on for
hearing. Plaintiff Capital One, N.A. appeared by attorney, Kevin Boyd. Defendant Loretta Welch
appears by Shannon McKinney, Esq. No party present objected to proceeding with trial. No party
objected to proceeding with trial. Whereupon, the matters contained in the petition were submitted
to the Court for trial. Both sides were afforded the opportunity to present evidence and explanation
as to the facts alleged in the Plaintiff’s Petition. All parties rested. The Court then took the issues
under advisement to prepare these findings and judgment. Neither party requested findings of fact
or conclusions of law, and therefore the Court was not obligated to prepare them. M.R.C.P. 73.01;
Sneil, LLC v. Tybe Learning Ctr., Inc., 370 S.W.3d 562, 567[3] (Mo. 2012). Jurisdiction is proper
in this Court. Section 478.220 R.S.Mo.; Robinson v. Lohman, 949 S.W.2d 907, 910-12 (Mo.App.
S.D. 1997). The events occurred in Jasper County and the Defendant is a Jasper County resident.
Section 508.010 R.S.Mo.
Plaintiff’s petition requests $1,717.18, plus court costs. At trial, this amount totaled
$1792.18. This debt started when Defendant took on a Sears Solution Mastercard credit card for
Sears and K-Mart stores in approximately 2010. In early 2013, that card became an Orchard
Mastercard from Orchard Bank. Then, in approximately September of 2013, the card became a
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Capital One Platinum Mastercard. The balance on the last Orchard Bank statement through July
of 2013 was $1,528.10.
Kayla Campbell testified for the Plaintiff. She is a Litigation Specialist for Capital One
and has worked there 5 months at the time of trial. She testified she is familiar with Capital One’s
business practices as well as the way it stores its documents for record keeping purposes. However,
she testified never worked for Sears Solution Mastercard or Orchard Bank.
Plaintiff presented no documents of merger or assignment of Defendant’s credit account
between Capital One and Sears Solution Mastercard or Orchard Bank. Without proof of the
assignment, Plaintiff lacks standing to proceed. As stated in Midwestern Health Mgmt. v. Walker,
208 S.W.3d 295, 298 (Mo. App. 2006), “proof of an assignment of the account is essential to
recovery.” Citing Korte Constr. Co. v. Deaconess Manor Ass'n, 927 S.W.2d 395, 404 (Mo. App.
E.D. 1996); Kershner v. Hilt Truck Line, Inc., 637 S.W.2d 769, 771 (Mo. App. S.D. 1982);
Sonnenfeld Millinery Co. v. Uhri, 83 S.W.2d 168, 169 (Mo. App. 1935); and C&W Asset
Acquisition, LLC v. Somogyi, 136 S.W.3d 134, 140 (Mo. App. S.D. 2004) (where petition of
assignee of credit card company against cardholder to collect balance due on account was
dismissed because records introduced by assignee did not establish that assignee purchased
cardholder's account and had right to enforce the credit agreement).
As stated by the Missouri Supreme Court,
[i]n cases that involve a party attempting to recover on an account owed to some
other party, "proof of an assignment of the account is essential to a recovery."
Walker, 208 S.W.3d at 298. The party must show clearly through a valid assignment
it is the rightful owner of the account at issue. C.W. Asset Acquisition, LLC v.
Somogyi, 136 S.W.3d 134, 140 (Mo. App. 2004). In cases that involve multiple
assignments, there must be proof of the validity of assignment every time the rights
to collect the debt are transferred. See Mitchell v. St. Louis Argus Pub. Co., 459
S.W.2d 1, 5-6 (Mo. App. 1970). In other words, every link in the chain between
the party to which the debt was originally owed and the party trying to collect
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the debt must be proven by competent evidence in order to demonstrate
standing. Walker, 208 S.W.3d at 298.
CACH, LLC v. Askew, 358 S.W.3d 58, 61-62[3] (Mo. 2012) (emphasis added). Consequently, the
Plaintiff’s claim must be reduced by the amounts owed prior to Capital One’s takeover of the
account.
WHEREFORE, the Court finds in favor of the Plaintiff in the amount of Two Hundred
Sixty-four Dollars and 08/100 ($264.08).
IT IS SO ORDERED.
10/11/2019
Date: _____________________ _______________________________
The Honorable Joseph L. Hensley
Case No: 18AO-AC02418
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IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI ASSOCIATE DIVISION V CAPTIAL ONE, N.A., ) ) Plaintiffs, ) vs. ) Case No. 18AO-AC02418 ) FILED LORETTA M WELCH ) MELISSA HOLCOMB- CLERK ) October 11, 2019 Defendant. ) JASPER COUNTY JUDGMENT CIRCUIT COURT JOPLIN, MISSOURI BE IT REMEMBERED, that on the 23rd day of September, 2019, this cause came on for hearing. Plaintiff Capital One, N.A. appeared by attorney, Kevin Boyd. Defendant Loretta Welch appears by Shannon McKinney, Esq. No party present objected to proceeding with trial. No party objected to proceeding with trial. Whereupon, the matters contained in the petition were submitted to the Court for trial. Both sides were afforded the opportunity to present evidence and explanation as to the facts alleged in the Plaintiff’s Petition. All parties rested. The Court then took the issues under advisement to prepare these findings and judgment. Neither party requested findings of fact or conclusions of law, and therefore the Court was not obligated to prepare them. M.R.C.P. 73.01; Sneil, LLC v. Tybe Learning Ctr., Inc., 370 S.W.3d 562, 567[3] (Mo. 2012). Jurisdiction is proper in this Court. Section 478.220 R.S.Mo.; Robinson v. Lohman, 949 S.W.2d 907, 910-12 (Mo.App. S.D. 1997). The events occurred in Jasper County and the Defendant is a Jasper County resident. Section 508.010 R.S.Mo. Plaintiff’s petition requests $1,717.18, plus court costs. At trial, this amount totaled $1792.18. This debt started when Defendant took on a Sears Solution Mastercard credit card for Sears and K-Mart stores in approximately 2010. In early 2013, that card became an Orchard Mastercard from Orchard Bank. Then, in approximately September of 2013, the card became a 1 Capital One Platinum Mastercard. The balance on the last Orchard Bank statement through July of 2013 was $1,528.10. Kayla Campbell testified for the Plaintiff. She is a Litigation Specialist for Capital One and has worked there 5 months at the time of trial. She testified she is familiar with Capital One’s business practices as well as the way it stores its documents for record keeping purposes. However, she testified never worked for Sears Solution Mastercard or Orchard Bank. Plaintiff presented no documents of merger or assignment of Defendant’s credit account between Capital One and Sears Solution Mastercard or Orchard Bank. Without proof of the assignment, Plaintiff lacks standing to proceed. As stated in Midwestern Health Mgmt. v. Walker, 208 S.W.3d 295, 298 (Mo. App. 2006), “proof of an assignment of the account is essential to recovery.” Citing Korte Constr. Co. v. Deaconess Manor Ass'n, 927 S.W.2d 395, 404 (Mo. App. E.D. 1996); Kershner v. Hilt Truck Line, Inc., 637 S.W.2d 769, 771 (Mo. App. S.D. 1982); Sonnenfeld Millinery Co. v. Uhri, 83 S.W.2d 168, 169 (Mo. App. 1935); and C&W Asset Acquisition, LLC v. Somogyi, 136 S.W.3d 134, 140 (Mo. App. S.D. 2004) (where petition of assignee of credit card company against cardholder to collect balance due on account was dismissed because records introduced by assignee did not establish that assignee purchased cardholder's account and had right to enforce the credit agreement). As stated by the Missouri Supreme Court, [i]n cases that involve a party attempting to recover on an account owed to some other party, "proof of an assignment of the account is essential to a recovery." Walker, 208 S.W.3d at 298. The party must show clearly through a valid assignment it is the rightful owner of the account at issue. C.W. Asset Acquisition, LLC v. Somogyi, 136 S.W.3d 134, 140 (Mo. App. 2004). In cases that involve multiple assignments, there must be proof of the validity of assignment every time the rights to collect the debt are transferred. See Mitchell v. St. Louis Argus Pub. Co., 459 S.W.2d 1, 5-6 (Mo. App. 1970). In other words, every link in the chain between the party to which the debt was originally owed and the party trying to collect 2 the debt must be proven by competent evidence in order to demonstrate standing. Walker, 208 S.W.3d at 298. CACH, LLC v. Askew, 358 S.W.3d 58, 61-62[3] (Mo. 2012) (emphasis added). Consequently, the Plaintiff’s claim must be reduced by the amounts owed prior to Capital One’s takeover of the account. WHEREFORE, the Court finds in favor of the Plaintiff in the amount of Two Hundred Sixty-four Dollars and 08/100 ($264.08). IT IS SO ORDERED. 10/11/2019 Date: _____________________ _______________________________ The Honorable Joseph L. Hensley Case No: 18AO-AC02418 3