collection attorney submits a Msj claiming on a contract account stated there is a true book account with a balance due of 1000. payment has been demanded and payment has not been made. as Proof he submits a computer generated list of hospital charges that were sent to my ins co..The list says reprinted and its dated the same date as they filed. They include a signed affidavit by a hospital employee . She claims personal knowledge of my account. and is verifying the charges. However she signed the affidavit 2 weeks before the list was printed. I'm just wondering if there are any lawyers out there that see a problem with the affidavit. Also can a person claim personal knowledge of an account if the alleged charges were incurred 3 years prior to her employment of 2 mos as of signing
I have seen this question before and it was answered.
Regarding the last sentence, yes. If she is the records custodian. The 2 mos issue is another story. You need a lawyer.
The affidavit has to be signed on personal knowledge of the affiant; a records custodian can testify as to records in his/her possession or control, regarding records kept in the ordinary course of business, in their usual place, and were made at or near the time of the events reported in the records, by a person employed at the business who would have made those records at that time.
With respect to pre-dating the affidavit. If the records purport to contain dates prior to the affidavit, a reprint of the bill is not an issue. However you can file a counter-affidavit denying the bill, the charges or that the bill is authentic and swearing to all of the underlying facts in your affirmative defenses.
So long as you have a valid, plausible defenses, you should make a fact issue out of it, and proceed on triable issues.
You should at the very least consult with an attorney.
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