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District Court (Cal.) Says How to Authenticate a Business Record in an FDCPA Case

by Scott J. Hyman |

In Quinones v. Chase Bank USA, N.A., 2011 WL 4498985 (S.D.Cal. 2011), Judge Battaglia addressed a rather complicated factual pattern relating to whether a debt collector improperly collected a debt from the father or the son.  In addressing the debt collector’s motion for summary judgment, Judge Battaglia overruled Plaintiff’s objections to the debt collector’s custodian of records declaration:    Plaintiffs… Read More

Court (NY) Cites Nathan Detroit in “Guys & Dolls”, Rejects Default Prove-Up

by Scott J. Hyman |

In American Exp. Bank, FSB v. Dalbis, 2011 WL 873512 (N.Y.City Civ.Ct. 2011), Judge Straniere rejected an application for default sought by a Bank against its customer on the basis that there might be a statute of limitations problem and the Bank had not properly proved up the instrument evidencing the debt. Having apparently just appeared at a high school production… Read More

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