LVNV FUNDING, LLC AS ASSIGNEE OF SEARS GOLD MASTERCARD v. KEVIN MASTAW - Articles

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Posted by: Tanja Trezise on May 1, 2012

Court: TN Court of Appeals

Attorneys 1:

James E. Kirby, Antioch, Tennessee for Defendant/Appellant Kevin Mastaw.

Attorneys 2:

Byron C. Hamlett, Nashville, Tennessee for Plaintiff/Appellee LVNV Funding, LLC as assignee of Sears Gold MasterCard.

Judge(s): KIRBY

This appeal concerns the collection of credit card debt. The plaintiff, a subsequent purchaser of the debt, filed this collection action against the appellant debtor. On appeal, the appellant debtor argues, inter alia, that the trial court erred in admitting into evidence various documents from a previous owner of the debt, pursuant to the hearsay exception for business records under Tenn. R. Evid. Rule 803(6). We hold that two of the exhibits were not appropriately admitted into evidence under the business records exception. Without those exhibits, we find that the evidence preponderates against the trial court’s judgment in favor of the creditor, and reverse.

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