Case Law: LVNV FUNDING, LLC v. MASTAW: hearsay exception for business records

In dealing with business records being admitted as evidence, this case is a great read. See attached. lvnv-v-mastaw-tn-14-dec-2011

Here is the summary:

This appeal concerns the collection of credit card debt. The plaintiff, a subsequent purchaser
of the debt, filed this collection action against the appellant debtor. On appeal, the appellant
debtor argues, inter alia, that the trial court erred in admitting into evidence various
documents from a previous owner of the debt, pursuant to the hearsay exception for business
records under Tenn. R. Evid. Rule 803(6). We hold that two of the exhibits were not
appropriately admitted into evidence under the business records exception. Without those
exhibits, we find that the evidence preponderates against the trial court’s judgment in favor
of the creditor, and reverse.

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