Consumer Law : Fair Debt Collection Practices Act – Exclusion Of Evidence – Business Records

Where a trial court found in favor of a consumer in a debt collection dispute finding that the debt collector failed to show a valid assignment of the account, the judgment is reversed and remanded because the court erred in excluding from evidence 30 pages of business records attached to a business records affidavit, which was properly prepared.

Judgment is reversed and remanded.

Portfolio Recovery Associates, LLC v. Schultz (MLW No. 67151/Case No. ED101023 – 13 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Loftin, J. (Karen L. Mayfield-Jones for appellant) (Mark G. Arnold and Jason M. Husgen for respondent).

Read the full text of this opinion. (PDF)