Ohio Receivables, L.L.C. v. Williams
2013 Ohio 960
Ohio Ct. App.2013Background
- Williams allegedly ran up a Chase credit card balance, with a last payment in 2009 and a December 2009 charge-off.
- Chase sold the debt in August 2011 first to Global Acceptance Credit Company, LP, which then sold 429 accounts including Williams’ to Ohio Receivables two days later.
- In October 2011 Ohio Receivables sued Williams and moved for summary judgment, attaching affidavits about assignments and the amount owed.
- Williams argued the affidavits lacked personal knowledge, proper authentication, and that third-party records could not be used as Ohio Receivables’s business records.
- The trial court granted summary judgment, relying on the affidavits and attached documents, despite noting one affidavit was sloppy.
- On appeal, the court held the Chase/Global records were not properly authenticated or admissible as Ohio Receivables’s business records, vacating summary judgment and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Chase/Global records properly authenticated as Ohio Receivables’s business records? | Ohio Receivables supplied business records to prove assignment and balance. | Affidavits insufficient to authenticate records and establish regular business records. | No; records not properly authenticated; summary judgment improper. |
| Can records created by a third party be adopted as the plaintiff's business records? | Adoptive business records doctrine allows reliance on third-party records. | Adoption requires adequate foundation; affidavits failed to show Chase/Global records were business records. | Not satisfied here; adoption was not proven to meet Evid.R. 803(6). |
| Did Chase/Global affidavits suffice to establish the assignment and amount? | Affidavits show sale and amount due. | Affidavits lack custodian testimony, specific role, and personal knowledge; insufficient. | Insufficient; cannot support summary judgment. |
Key Cases Cited
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (Ohio 1988) (initial burden on moving party in summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (evidentiary materials and Civ.R. 56(C) standards)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (Ohio 1998) (de novo review of summary judgment rulings)
- State Farm Mut. Auto. Ins. Co. v. Anders, 197 Ohio App.3d 22 (Ohio App. 2012) (admissibility of records incorporated into a business’s records)
- United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012) (admission of third-party records and foundation requirements)
- Air Land Forwarders, Inc. v. United States, 172 F.3d 1338 (Fed. Cir. 1999) (trustworthiness and incorporations of third-party records in business records)
- State v. Davis, 62 Ohio St.3d 326 (Ohio 1991) (foundational requirements for business records)
- State v. Hirtzinger, 124 Ohio App.3d 40 (Ohio 1997) (business-records authentication standards)