Matthews v. Wells Fargo Bank, N.A.
335 Ga. App. 526
| Ga. Ct. App. | 2016Background
- Wells Fargo sued Dianne C. Matthews on a promissory note originally executed in favor of Wachovia; Wachovia later merged into Wells Fargo.
- Matthews defaulted on liability; the bench trial was limited to damages.
- Wells Fargo offered a Wachovia transaction statement reflecting Matthews’s payments and called Jill Freel, a Wells Fargo operations analyst, to authenticate it.
- Freel testified she was familiar with Wells Fargo’s recordkeeping, the Wells–Wachovia 2010 merger, that transaction statements were prepared and kept in the regular course of business, and that she had no reason to doubt the Wachovia records after transfer. She also testified she lacked firsthand knowledge of Wachovia’s original recordkeeping procedures.
- Matthews objected, arguing Freel’s lack of personal knowledge about Wachovia’s recordkeeping made the statement inadmissible under Georgia’s business‑records exception. The trial court admitted the statement and entered judgment for Wells Fargo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Wachovia transaction statement under OCGA § 24-8-803(6) | Freel lacked personal knowledge of Wachovia’s recordkeeping; foundation insufficient | Successor‑bank employee can authenticate predecessor’s records after merger; Freel knew how the statement was prepared, that it was kept in the regular course, and had no reason to doubt its trustworthiness | Court affirmed: no abuse of discretion; record properly admitted |
Key Cases Cited
- Wallace v. State, 335 Ga. App. 232 (discussing Georgia business‑records exception and standard of review for admission)
- Ware v. Multibank 2009-1 RES-ADC Venture, 327 Ga. App. 245 (successor‑entity employees may authenticate predecessor bank records after merger)
- Curtis v. Perkins, 781 F.3d 1262 (11th Cir.) (witness need not have firsthand knowledge of record preparation to authenticate business records)
- Triple T-Bar v. DDR Southeast Springfield, 330 Ga. App. 847 (addresses sufficiency of foundation for business records admission)