A Close Look at the Business Records Exception When You Are Sued for Debt
... introduce business records have been created during the normal course of business, in known and predictable ways that guarantee accuracy. And it requires that the party seeking to introduce the records be able to prove these "predicates" (requirements) based on personal knowledge. What Debt Collectors Get Debt collectors are generally provided electronic records of debt when they buy the debt, and it might be that the records were honestly and accurately made. Of course it might not be, too. That's the whole point of the business records exception-that someone gets to look the record keeper in the eye and make sure that ... the first place, so it uses its "record custodian" to say that such records as it kept were kept in the ordinary course of business; and Third, its records custodian then testifies to the substance of records that are not there, to wit, the balance of the debt owed and the terms of the debt. It almost seems surreal, but this is indeed the argument they make. Remember though, that a record custodian testifies about the record keeping, not about the content of the records. That is, the record custodian is supposed to testify (from personal knowledge) that the records were created ...
Tags: business records | ordinary course | records exception | business records exception | hearsay | debt collector |
Tags: business records | ordinary course | records exception | business records exception | hearsay | debt collector |