Q: Debt Buyer has a Bill of Sale without my account # on it. Will a judge accept this as proof they owe the debt?
I stated there was no way to tell if my debt was part of the purchase and asked for the full purchase agreement with my acct # on it to be submitted as proof but I don't know what the law says about this. Are there laws that require the judge not to enter judgment without a witness from the OC bank or contract with my account listed to show they owe it? I've placed the objection but want to make sure the law will support more proof being needed.
Added: Does the records custodian have to take the stand to admit the evidence or just do a sworn statement? What about contract proof that my account # was part of the purchase? Is there any Florida laws that require when asked for the Debt Buyer to produce proof they are the owner with my account # listed? ex. the purchase agreement.
A: A witness from the bank will not be required; a records custodian from the company which purchased the debt will testify for the purpose of admitting the statements, bill of sale, and the notice to you that they bought the debt. An exception to the hearsay rule allows business records to be proven in this manner.
Charles M. Baron and Barry W. Kaufman agree with this answer
A: To add to Mr. Thorgaard's good answer, the plaintiff can probably submit a records custodian's written declaration regarding business records being kept in the in the course of a regularly conducted business activity, with no need for the custodian to take the stand. See Fla. Statutes Sections 803(6) and 90.902(11). If it turns out that you have no realistic challenge to the standing of the plaintiff to sue you, you need to focus on ways of getting rid of the problem, such as attempting amicable resolution by offering X cents on the dollar and/or an installment plan, or looking at the option of filing for bankruptcy to discharge the debt if you're eligible.
Terrence H Thorgaard agrees with this answer
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