Thomas v. American Express Bank, FSB, [Ms. 2120117, Aug. 2, 2013] ___ So. 3d ___ (Ala. Civ. App. 2013). The
Court of Civil Appeals reverses a summary judgment for American Express
in its collection action for lack of a sufficient showing in support of
its summary judgment motion. The defendant submitted an affidavit stating,
inter alia, that he had last used the accounts at issue in May and July 2007, that
he had never signed a written contract, and that American Express had
not produced a copy of the contract it was suing him on. American Express
relied on a copy of a June 2009 statement that supposedly gave Thomas
notice of the terms of the card member agreements. However, that statement
was dated approximately two years after he had gone into default and so
American Express submitted nothing to the trial court to establish that
at any point before June 2009, Thomas had received the card member agreements
or that he had agreed to be bound by the terms of the card member agreements.
Because it had not established the terms to which both parties agreed,
American Express did not show that it was entitled to a summary judgment.