A Close Look at the Business Records Exception When You Are Sued for Debt

admin 

Does the business records exception to the hearsay rule allow debt collectors to collect on debts that were generated by other businesses?

As I have often pointed out, debt collectors, by their very nature, are not the entities that created the records concerning the debt for which they are suing defendants. Rather, they bought the supposed debt from someone else: another debt collector or the original creditor (who did create any records there might be). This creates a problem for the debt collector when it brings suit: any records it may attempt to use to prove the debt are “hearsay.”

What Is Hearsay?

Hearsay is sometimes referred to as “he said, she said,” but in legal terminology it is simply a statement that was made out of court that is trying to be used in court to prove the thing that was said. For example, Bill overhears Sue say, “Jim’s eyes are green.” If Bill later attempts to prove that Jim’s eyes are green by testifying he heard Sue say so, that would be hearsay.

Business Records Exception to Hearsay

Business records regarding how a debt was created or maintained are obviously hearsay, since they were created outside of court and cannot in any event be subjected to oath. Under certain circumstances, however, they are allowed as evidence because they are considered particularly trustworthy. They are considered trustworthy because the business that created them probably depended upon them to be trustworthy and probably created specific methods of keeping them so that they would remain trustworthy. After all, a business does rely on its records created by various people over time in order to fulfill its obligations and collect money due to it.

Debt collectors take this simple insight and pervert it grotesquely.

Requirements of the Business Records Exception

The business records exception requires that the party seeking to 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 business in question was set up to keep the records straight in the first place. Otherwise the debt collector could “launder” bad debts by buying them and their records and simply claiming that the records were good.

Naturally, this fundamental flaw will not 債務舒緩 stop the debt collector from making the argument that their records (that they got from another business) are business records because they (the debt collector) relied upon them and kept them in the “ordinary course of business.”

Ordinary Course of Business

Some courts have held that debt collectors cannot keep records in the ordinary course of business. That’s because debt collectors have no ordinary course of business in the sense that would make the records reliable. They do not provide any services, and have no obligations to fulfill, for the consumer. Instead, debt collectors exist to collect debts that are either disputed or not being paid for some other reason. And that means that every business purpose they have is promoted by claiming the debts are good, obligations of the original creditor have been made and kept, etc. There is nothing to keep the debt collector from inflating the obligation or claiming it was due from the wrong person.

And in fact debt collectors are notorious for doing just that.

And of course the debt collectors are still not able to testify regarding the integrity of the records before the debt was purchased.

 

 

 

Recommended Posts

Accountable On the internet Wagering: Environment Limitations for any Secure Encounter

On the internet wagering provides a globe associated with exhilaration, amusement, and also the possibility of profits. Nevertheless, such as any kind of type of betting, this includes particular dangers. To make sure the secure as well as pleasant wagering encounter, it is essential to accept accountable wagering methods, such as environment limitations in your […]

admin 

건마 온라인 카지노 블랙잭

온라인 카지노는 매우 인기를 얻었고 그 다양성이 너무 커서 모든 카지노 중에서 올바른 것을 선택하는 것이 점점 더 어려워지고 있습니다. 새로운 카지노 플레이어를 유인하기 위해 일부 카지노는 무예금 카지노 보너스에서 독점적인 하이 롤러 보너스에 이르기까지 훌륭한 카지노 보너스 프로모션을 제공합니다. 일부 카지노는 게임, 고객 지원, 지불 방법, 언어 옵션, 무료 전화 번호, 뉴스 레터, 게임 […]

admin 

Why You Should Consider Online Gambling

During the last few years, online gambling has grown into one of the largest and most successful business in the world. As technology advances and becomes more efficient and user friendly the benefits to online gambling are becoming more evident. Consider just a few of the advantages of online gambling and see why you should […]

admin 

Modern Bodyguards

The modern Bodyguard, or Close Defense Officer, is generally completely different from the common perception the general public provides. A lot of people if inquired would describe the Bodyguard as some sort of large strong male, able to push anyone out involving the way. The sort of person that will you cannot want in order […]

admin 

The Sports Betting Champ System Review

The Sports Betting Champ System is a games wagering framework created by John Morrison, an Ivy League move on from Cornell University with a PhD in measurements. On the deals page there are a few elevated guarantees that the framework is “a definitive idiot proof games wagering framework” and that he makes more than “$70,000 […]

admin 

Sport Internships – What You Need to Make it Work

There are entry level positions in practically any work class you are hoping to find. In the realm of sports, this is of no exemption. From proficient groups to school to any game related organization, entry level positions are presented all through the country. Tracking down an entry level position and having the right outlook […]

admin 

Leave A Comment