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New Ruling on Business Records in Ohio


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http://www.graydonhead.com/docs/default-source/attorney-articles/january-23-2013---choice-of-entity-after-the-american-taxpayer-act-of-2012-by-hank-g-alexander.pdf?sfvrsn=4

 

Follow the link above for the whole article.

 

Just found this which might be helpful to defeat the hearsay business records exception. In part it says

...Ohio Court of Appeals for the Second Appellate District last month rejected a creditor’s attempt to prove its predecessor’s business records by asserting it had “adopted” or incorporated the predecessor’s records as its own at the time it brought suit. The case is Ohio Receivables, LLC v. Williams, 2013-Ohio-960. The plaintiff had purchased a portfolio of delinquent credit card accounts of Chase Bank and was suing to collect on the balance due from the defendant. The appellate court reversed the trial court’s summary judgment in favor of the plaintiff-creditor for the amount claimed on the account. In doing so, the court held that the predecessor’s account records (i.e., Chase Bank’s account records) could not be admitted in evidence as being incorporated into and becoming part of the successor’s business records.

 

 

 

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This is an excellent ruling for debtors, but it only affects the six counties in the Second Appellate Dist.  Three other OH counties have rejected the Second Dist's position.  Only the OH Supreme Crt can make a definitive ruling, and an appeal must be filed by April 29.

 

http://www.lexology.com/library/detail.aspx?g=9a7f7a85-2c00-46e5-91b5-e83363b9dfb1

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