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Credit Card Lawsuit Hearsay

When a junk debt buyer submits an affidavit as evidence and it is signed by an employee of the junk debt buyer, you should check your state’s evidence rules under hearsay. If you hired an attorney, it’s likely this affidavit would be objected to by the filing of a motion to strike.

Statements coming from an employee of a junk debt buyer cannot lay the foundation for admission of the original creditor’s purported business records.

Business records must be authenticated by a competent, live witness. However, junk debt buyers rarely have a live witness appear in court nor are willing to go through the trouble and expense of producing one. Do some digging within your rules of evidence.

Admissibility of Affidavits under Trial Rule 56(E)

56(E)Form of affidavits–Further testimony–Defense required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies not previously self-authenticated of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him. Denial of summary judgment may be challenged by a motion to correct errors after a final judgment or order is entered.