AboutJason Shear, Esq. Expertise I can answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Mann Braken, Lacy Katzen, Malen & Associates, Solomon & Solomon, Thomas Law Office, Cohen & Slamowitz, Bronson & Migliaccio, Pressler & Pressler or others; give me a call at (716) 566-8988.
Experience I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.
Education/Credentials BA/BS, Accounting & Political Science, Hunter College.
Juris Doctor, Univ. at Buffalo Law School.
LLM (Criminal Law), University at Buffalo.
I was sued by a NY debt collection law firm on behalf of a collection agency. I asked the lawyers who represent the agency for proof I had this account. They sent me several photocopies of statements relating to the original credit card account. They said I need to pay the entire amount now plus all fees because they are going to submit the statements to the court. Can they win with these statements? I don't remember having this debt or this credit card account they claim they own the rights to.
Thanks, I hope you can help me. I live in New York State.
Answer Jay:
Good question. When a collection agency/debt buyer does submit a series of monthly statements, either at trial or accompanying a summary judgment motion, those statements must be properly authenticated. The statements can not be the basis for a collector's summary judgment motion or to make their claim in court if they are unaccompanied by any affidavit swearing to or certifying the records.
As in your case, a debt buyer can not merely file documents received from the original credit card company, even if they are retained in the collection agency's regular course of business. The records must have been kept in the original creditor's regular course of business, and an affidavit must authenticate that fact. So therefore, the answer is no.
Good luck. Hope this was helpful.
Jason Shear, Esq.
Attorney at Law
Admitted in NY & NJ
(716) 566-8988
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