| JPMorgan Chase Bank, N.A. v Trinidad |
| 2025 NY Slip Op 52059(U) [87 Misc 3d 1256(A)] |
| Decided on December 17, 2025 |
| Supreme Court, Westchester County |
| Jamieson, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
JPMORGAN
CHASE BANK, N.A., Plaintiff,
against ISAURA TRINIDAD, Defendant. |
The following papers numbered 1 to 2 were read on this motion:
Papers NumberedPlaintiff brings its motion seeking a default judgment against defendant in the amount of $13,060.53 for unpaid credit card charges. At the time of defendant's last charges, in February [*2]2024, she owed $11,359.83. The difference is late charges and interest.
Defendant, by counsel, filed an answer to this action, asserting that (1) she was not served properly; (2) she was not provided with an accurate account stated; and (3) she was never credited with payments made to the account. A review of the affidavit of service shows that defendant was served personally.
Although she did answer the complaint, defendant failed to respond to this motion, despite proper service to her counsel. In her answer, defendant does not provide any evidence, or even suggest any information, about what amounts she should have had credited to her account.
The Court thus finds that plaintiff is entitled to a judgment against defendant in the amount due three months after the last charges were made; to allow plaintiff to collect interest and late charges for seven months does not seem equitable.
Accordingly, plaintiff may submit a proposed Judgment to the Judgment Clerk, in the amount of $11,913.42 plus interest at the statutory rate from the date of entry of this Decision and Order, and shall send a copy to defendant's counsel by overnight mail, as well as to defendant herself, by overnight mail at her last known address within two business days. Plaintiff shall also send a copy of this Decision and Order to defendant and her counsel by overnight mail within two business days of receipt. In future, plaintiff shall submit a proposed Order with similar motions.
The foregoing constitutes the decision and order of the Court.
White Plains, New York