More Categories

Rule 9.1 – Complaint in an Action on a Credit Card Debt

May 14, 2021 | Civil Procedure, Vermont

Any complaint based on a credit card debt shall contain additional information necessary to provide the court with sufficient information regarding standing and the statute of limitations. At a minimum, the complaint must include the following, unless otherwise ordered by the court:

(a) The name of the original creditor, as well as the name of the current owner of the debt, if different.
(b) The last four digits of the original account number or other identifying information uniquely associated with the account.
(c) The date of the last payment by the account holder and the amount due at that time.
(d) The date the plaintiff claims the defendant defaulted and the basis for that default.
(e) The total amount currently due on the debt, with any amount of interest claimed post-default separately identified.
(f) The date and parties to the contract or other source of the original debt.
(g) If the debt was assigned, the date and parties to the assignment. If the debt has been assigned more than once, then the date and parties to each assignment must be identified to establish an unbroken chain of ownership. The complaint must allege that each assignment or other writing evidencing transfer of ownership contains at least the last four digits of the original account number of the debt purchased or other identifying information uniquely associated with the account and shows the debtor’s name associated with that account number.

V.R.C.P. 9.1

Adopted July 1, 2015, eff. Sept. 1, 2015.