The proposed addition of Rule 9.1 to the Vermont Rules of Civil Procedure incorporates the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure. The proposed addition of Rule 55(b)(7) requires that a motion for default in a credit card action must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it. These changes will harmonize practice in small claims and civil actions and avoid the need for discovery with regard to basic items related to a credit card collection claim.
The proposed amendment to Rule 3(e) of the Vermont Rules of Small Claims Procedure eliminates the word “clearly” as an unnecessary intensification of the requirement that evidence of successive assignments of the debt show the name of the debtor on the original debt.
THE COMMENT PERIOD ENDED ON AUGUST 13, 2014.