How To Win A Debt Collection Lawsuit by Objecting to Hearsay!

TL;DR

Learn how to effectively use hearsay objections to challenge evidence provided by junk debt buyers in your debt collection lawsuit and increase your chances of winning.

Transcript

• Hey everybody, John Skiba here. And in this video, we're going to tackle some really Advanced Level Consumer Warrior Tactics when it comes to fighting Junk Debt Buyers in your debt collection lawsuit. We are going to tackle the business records exception to hearsay, why it's so vital to winning your case. And I'm going to try to break it down in ... Read More

Key Insights

• 🔨 Hearsay objections can be a powerful tool in fighting against junk debt buyers in debt collection lawsuits.
• 💨 The Business Records Exception to the Hearsay Rule is the primary way debt buyers overcome hearsay objections.
• ❓ The qualifications and knowledge of the witness testifying for the debt buyer are crucial in determining the admissibility of evidence.
• 🤨 Inconsistencies or irregularities in documents can be used to challenge their trustworthiness and raise hearsay objections.

Questions & Answers

Q: What is hearsay, and why is it important to raise objections to it in a debt collection lawsuit?

Hearsay refers to an out-of-court statement used to prove the truth of a matter. Raising objections to hearsay is important in a debt collection lawsuit because it challenges the credibility and admissibility of evidence presented by debt buyers.

Q: What is the Business Records Exception to the Hearsay Rule, and how does it apply to junk debt buyer cases?

The Business Records Exception allows certain records to be admitted as evidence if they meet specific criteria, such as being made at or near the time of the information and being part of the regular course of business. In junk debt buyer cases, this exception is often used to admit documents like monthly statements.

Q: What can be done if the witness testifying for the debt buyer does not have the necessary qualifications to overcome a hearsay objection?

If the witness does not have the knowledge or familiarity with the original creditor's document-keeping procedures, their testimony may not meet the requirements of the Business Records Exception. This can be used to challenge the admissibility of the evidence and weaken the debt buyer's case.

Q: Are there any red flags to look out for in documents provided by debt buyers that could indicate a lack of trustworthiness?

Inconsistencies or discrepancies in documents, such as missing schedules or a difference in formatting, can raise doubts about their trustworthiness. These issues can be raised as part of a hearsay objection and challenge the admissibility of the evidence.

Summary & Key Takeaways

• This video explains the concept of hearsay, which is an out-of-court statement brought into court to prove the truth of a matter asserted.

• Hearsay objections can be raised to challenge evidence submitted by debt buyers and prevent it from being considered in determining liability and the amount owed.

• The Business Records Exception to the Hearsay Rule is the main way debt buyers overcome hearsay objections, but there are conditions that need to be met to qualify for this exception.