Can DB's evidence be thrown out as hearsay/ questionable/ irrelevant/ or inadmissible? If so, how so?

Asked about 1 year ago - South Amboy, NJ

I have served the debt buyer interrogatories & request for production of documents & they answered it.
1.They claim to be the assignees of a mid west based national bank (North Dakota). Their records custodian claims that my credit card account was opened with there. This is false; it wasn't.
The account was opened in a state regulated bank in NJ. These banks have no affiliation, I verified this through the occ and the fdic records.
So, I asked for the assignment record, bill of sale, & the price paid for the debt.
Their records custodian sent a "bill of sale and assignment of assets" that's generic & doesn't include those things/ my referenced account. The assignors of the debt are questionable. It has a short paragraph giving them "rights" to a debt under Delaware laws!?

Attorney answers (2)

  1. Daniel Dwight Bowen

    Contributor Level 13

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    Answered . You need a lawyer. Your questions address the issue of admissibility of business records and standing. The argument you need to assert is that only an employee of the National Bank is competent to testify regarding the National Bank's records. You also need to asset that the Debt Buyer does not have standing to sue because it can't prove that your account was transferred to it. Contact an attorny who does credit card defense. go to naca.net.

    The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a... more
  2. Terrence Michael Fogarty Jr.

    Contributor Level 8

    Answered . I agree with attorney Bowen. Your argument could be based upon the fact that the custodian of the debt buying company is not fit to testify to the records of the bank. They will claim they are testifying based upon business records, but these are not "their" business records; they were drafted and kept long before the debt buyer eve entered into the picture; how can they testify to the record's accuracy and integrity?
    It sounds like you may also be able to make a legal sufficiency argument that they have not proven the chain of title to the debt with their generic bill of sale and assignment. They may or may not be able to produce more specific documents.
    I am not a licensed NJ attorney; these arguments can be technical in nature and court rules and procedures differ from jurisdiction to jurisdiction. Consult a local attorney to obtain the best possible advice based upon a thorough evaluation of your situation.

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