Page:LVNV Funding, LLC v. Nardi.pdf/1

 Cite as 2012 Ark. 460

11-1308 LVNV FUNDING, LLCAPPELLANT

V.

RAE NARDIAPPELLEE December 13, 2012

APPEAL FROM THE MONTGOMERY COUNTY CIRCUIT COURT, [NO. CV2009-36]

HONORABLE J.W. LOONEY, JUDGE

AFFIRMED. 

LVNV Funding, LLC ("LVNV") appeals an order of summary judgment entered in favor of appellee Rae Nardi. According to LVNV's complaint filed May 21, 2009, Nardi received a credit card from Citibank, made purchases with the card, failed to pay on her account, and LVNV as an assignee has a cause of action for recovery of the amount due on the account. LVNV asserts that Arkansas Code Annotated section 16-45-104 (Repl. 1999) permits commencement of a lawsuit on an account by filing a complaint with a section 16-45-104 affidavit attached. According to LVNV, Arkansas Rule of Civil Procedure 10(d)'s requirement that a copy of the "instrument or document" on which the claim is based be attached to the complaint is inapplicable.

In a motion for summary judgment, LVNV alleged a contractual relationship between Nardi and Citibank and attached various documents as exhibits, including the alleged agreement between Citibank and Nardi. Nardi filed a motion for summary judgment,