Friday, July 13, 2012

LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at

When defending , we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued ?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact at Barnette Law Offices.  We can be reached at 615-585-2245 and .

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