JPMorgan Chase Bank v. Buenzli CA3

BACKGROUND

The record on appeal is sparse. It consists of a clerk’s transcript that contains only three of the underlying documents in this case1 and an incomplete reporter’s transcript.

It also contains the notice of appeal, the notice designating the record on appeal, the register of actions, and clerk’s certificates regarding the record.

1 Although we know the Bank sued Buenzli, the complaint is not included in the clerk’s transcript (because Buenzli did not ask that it be included). From the register of actions, it appears the Bank asserted some type of contract claim against Buenzli, and in her brief she states it sued her “for an alleged credit card debt.” Buenzli filed a form answer to the complaint, and the answer is part of the clerk’s transcript. The answer neither admits nor denies the allegations in the complaint.2 Attached to the answer are several unauthenticated documents that purportedly relate to affirmative defenses. The first is an “Affidavit of Truth” signed by Buenzli with attached exhibits.3 If we understand the affidavit and the exhibits correctly, it appears Buenzli had a credit card issued by the Bank, and the Bank sent her a bill in or around…