law-admissions-in-summary-judgment | deemed admissions | admissions in discovery | stipulations |
admissions in live pleadings |


ADMISSIONS | JUDICIAL ADMISSIONS |

ROLE OF ADMISSIONS IN SUMMARY JUDGMENT PROCEEDING
(in addition to
SJ evidence)

Barajas's statement of facts is consistent with her answers to requests for admissions, which she filed
as an attachment to her answer to Harvest's petition in the trial court.  There, she admitted that she
applied to Metris for a credit card; that her application was approved; and that she accepted and
agreed to the terms and conditions associated with the credit card account, including terms requiring
her to pay Metris in full for all charges incurred by her use of the card.  See Tex. R. Civ. P. 166a(c) (trial
court considers
pleadings and admissions of the parties in rendering summary judgment).  Barajas
v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)
(
credit card debt suit, summary judgment for debt collector reversed, contract terms not proven)
REVERSED AND REMANDED: Opinion by
Justice Guzman  
Before Justices Frost, Seymore and Guzman
14-07-00048-CV  Celia Barajas v. Harvest Credit Management, VI-B, LLC as assignee of Metris Direct
Merchants Bank
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey    


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