I went to the court this morning to get a feeling of how the trials are executed. Only one case was heard, the others were either dismissed prior to trial, settled, or defendant didn't show. only one case was heard, a pro per defending against Portfolio Recovery Associates on common counts. this is pretty much how the case went. please provide any thought? defendant first started claiming that the plaintiff did not provide the alleged contract. the judge explained that the contract was not required under the common counts theory and that to prove their case "they simply have to establish a piece of paper such a bill statement mailed to you, without any objections by you and your receipt basically you charging on the credit card and they've done that they do not have to provide the original contract" Defendant: these documents they are producing they are claiming.. these records belong to WF. Judge: long ago the courts have concluded that a custodian or records for a collection company can lay a foundation sufficient for me to enter a judgment... they have sufficient foundation in their declaration. if you wanted to challenge their declaration of foundation you have the right to notice this employee, that notice requires notice within a certain amount of time. the Portfolio employee has laid sufficient foundation for the Wells Fargo Records. Defendant: How is an employee of Portfolio have first hand knowledge of the account that was created by WF? Judge: they don't have to have first hand knowledge, that's why it is called admissible hearsay. they don't have to have first hand knowledge. Defendant: but it is hearsay evidence Judge: the courts across all California, have permitted portfolio recovery to proceed this way. there are no cases out there that say they have to bring in a WF or visa employee to testify about this. I do not see on your answers anything that states that this is not your account. did you use this account? you are under oath. did you use this account? Defendant: I do not have any recollection of ever using any account. Judge: its ok, you don't have to have a recollection, not having recollection is not an affirmative defense, it just means that you have a bad recollection. is there anything else you'd like to tell me? no. well Portfolio recovery, like midland funding and all these collections companies that are very big and purchase lots of credit card debts from various credit card companies, they are permitted, legislation, permits them to come into court and sue. and legislatures of the state haven't mandated them to bring an OC employee to authenticate. if you have difficulty with that concept you can go to the legislature and complaint. that's not what the law requires, they can proceed on what is hearsay under the business record exception created for collection agencies so that they can continue with this type of business... ... I do not have any evidence before me or suspicion that portfolio recovery did not acquire this debt. sometimes people challenge the acquisition of their debts. they have given me documentation here that they purchased the debt from a banking institution. sometimes there is mistakes, sometimes attorneys come in, or even brokers and say "look it, this credit card, is something, maybe a transfer to another account" there are mistakes, they happen all the time. but you just can't come in and say, "judge, I don't remember this debt" because most people don't remember their credit cards. they are not suing you on breach on contract, because they are smarter than that, they can sue on "common Counts" which is a piece of paper mailed to you at your mailing address, saying "look you used the account, we want to get paid for" its the way it works.