Midland Funding, LLC v. Thuy Chau

A creditor filed suit in general sessions court to collect an outstanding debt alleged to be due on a sworn account. The debtor’s counsel permitted the creditor to take a default judgment and appealed the judgment to the circuit court. In circuit court, the debtor filed a motion to strike three affidavits filed by the creditor. Later, the debtor filed another motion to strike the creditor’s affidavits and a motion to dismiss for improper service of process. The trial court denied the debtor’s motions to strike and to dismiss and entered judgment for the creditor in the amount of the claimed debt. On appeal, the debtor argues that the trial court erred in denying her motions and in admitting into evidence the documents by which the creditor proved the debt. We affirm the judgment of the trial court.