Business Records Exception

The Rule against Hearsay is as close to a silver bullet as you are going to get in debt litigation, but the debt collector will try to get in their often bogus records using what’s called the “business records exception.”  You need to understand this rule and prepare to defend against it. In this video we discuss this rule of evidence.

This should be obvious, but it’s easy to forget things in the rush of trial or argument. In order to argue the rule against hearsay or the business records exception, you must know those rules for your state. You should also have a copy of a court decision stating the rule (and ruling the way you want it to) WITH YOU at the argument or trial. You want to be able to hand the judge the case and point to specific language in it highlighted in bright yellow ink. That way there can be no mistakes.

Otherwise, mistakes are easy to make, and it’s easy to ignore the arguments of pro se defendants.

 

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