01/08/2014
Richard Ortega, a Houston resident came to me three years ago with a problem. He was being sued by a company (CACH) claiming that they had purchased a credit card debt from Bank of America. Their claim included the original debt, interest charges close to 30% and other fees. They submitted various affidavits to back up their claim. Unfortunately (for them) the appeals court did not agree that the affidavits demonstrated that they had a valid claim and ruled for my client. Over the years I have represented many consumers and my aim is to see that they are treated fairly by the judicial system.
Case Specifics: In 2011, I tried and appealed the case of Ortega v. CACH, LLC, 396 S.W.3d 622 (Tex. App.—Houston 2013). In 2013, the 14th Court of Appeals ruled that three affidavits submitted by CACH were not admissible. Plaintiff's Business Record Affidavit referencing the pending litigation was prepared for the purpose of litigation. A third-party affidavit submitted by CACH as a business record of CACH had a date that indicated the affidavit lacked trustworthiness. Another third-party affidavit submitted by CACH as a business record of CACH was dated just before suit was filed and more than one year after the alleged date of sale from the original creditor to the debt-buyer plaintiff, which suggested it was created in anticipation of litigation rather than in the course of a regular business activity. The court reversed and remanded the case for a new trial. The case has been cited in the January, 2014, issue of the Texas Bar Journal.
See more detail in the attached Appeals Court finding.
http://caselaw.findlaw.com/tx-court-of-appeals/1622134.html
