Plaintiff’s Motion for Summary Judgment.
Plaintiff filed a complaint against defendant alleging common count causes of action of account stated and open book account related to a debt allegedly due and owing on a credit card account. The complaint alleges that there remained $24,312.62 due and owing. Defendant filed an answer admitting the allegations of the complaint and asserting as an affirmative defense that defendant and her spouse entered into an agreement with a debt resolution company for that company to represent them concerning their debts, including the subject Discover account; the debtor would pay $1,019 per month to the debt resolution company, the company would contact the defendant’s creditors to establish a repayment plan, and they did not know they did not have a repayment plan with plaintiff until served with the complaint; and while plaintiff offered to lower the total amount to be paid, provided defendant made 12 monthly payments of $1,400 each, defendant has only