07-12-11 LVNV FUNDING, L.L.C. VS. MARY B. COLVELL A-1313-10T3
We reverse the grant of summary judgment, holding that when suing to collect the balance allegedly owed on an unpaid revolving credit card account, the creditor must prove more than merely the total amount remaining unpaid. Instead, as required to obtain a default judgment by Rule 6:6-3(a), the creditor must set forth the previous balance, and identify all transactions and credits, as well as the periodic rates, the balance on which the finance charge is computed, other charges, if any, the closing date of the billing cycle, and the new balance. We also conclude that the Special Civil Part judge erred by failing to afford defendant the oral argument she requested.
