Third Party Debt Purchaser v. Husband and Wife X
May 05, 2005OUTCOME: Voluntary Dismissal Without Prejudice
Third party debt purchaser brought a one count breach of contract suit against my clients in 2005 on a credit card debt. Case went to trial. At trial, plaintiff's witness stated that all supporti ... ng documents for the debt underlying the case were obtained by Third Party Debt Purchaser, scanned to its database in the normal course of its business, then destroyed. I noticed that under the signature line of the copy provided by Plaintiff's counsel read, "See Terms and Conditions on Reverse." As Plaintiff's attorney requested that the contract be entered into evidence, I objected citing the "best evidence rule." I said, "Judge, Plaintiff's witness stated earlier that all supporting documents submitted during this trial are printed from scans of the originals. She also stated that the originals were then destroyed. As I read the Exhibit that Plaintiff's counsel wants to enter into evidence, the contract, I see that under where my client signed, it reads, 'See Terms and Conditions on Reverse.' And, Judge, when I turn over every page of the contract, there's nothing there. It's blank. Further, as I look at the entire exhibit, I see no 'Terms and Conditions.' Therefore, Judge, I ask that you dismiss this breach of contract case with prejudice, because Plaintiff will not be able to prove its breach of contract case without having the entire contract." The Judge called us all back into his chambers. He gave Plaintiff one route, voluntarily dismiss without or he would dismiss it with. I tried like mad to get him to dismiss it with prejudice, but he wasn't having that. It was a good win. My clients were ecstatic.
