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I believe a way to disrupt the business records exception to the hearsay rule is to obtain the sale documents from The OC to the assignees. This will most likely hinge on the subpoenaing of that record from the OC. JDB's like to subpoena records from the OC so that they avoid there assignors charges for records. This will be a tough road because for the most part it involves out of state subpoenas. As a method to destroy affiants foundational claims it will help to refute the conclusory statements in affidavits declarations etcetera. I brought up this point here: http://www.creditinfocenter.com/community/topic/324987-fighting-a-lawsuit-filed-by-persolve/?p=1310909 But don't want to crowd the thread. This could be a significant weapon for defense. Or once obtaining it could generate significant leverage for negotiation. The plaintiffs usually assert a claim of privilege but I believe they have no assertion of priviledge if they are not a party to the first transaction. I believe that there is now a practice of selling accounts which entities scrub from their own files and maybe inaccurate accounts are used to "season" portfolios for sale. Lets discuss without heated debate plz.
