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Amicus Brief Filed with the Missouri Supreme Court on behalf of DBA International

On November 15, 2011, Spencer Fane Britt & Browne LLP attorney Josh Dickinson filed an Amicus Brief with the Missouri Supreme Court on behalf of DBA International, the largest trade organization in the United States representing debt buyers. The case caption is CACH, LLC v. Jon Askew; SC91780. The appeal presents the issue of whether, in a collection lawsuit against a debtor, a debt buyer’s representative is competent to lay foundation for transactional documents created by the original creditor. The Circuit Court ruled that the debt buyer, CACH, LLC, offered sufficient and reliable foundation for the records created by the original creditor such that they were admissible under the Missouri’s Uniform Business Records as Evidence Act. Mo. Rev. Stat. §§ 490.660, et seq. The debtor appealed the ruling arguing that CACH, LLC was required to produce a custodian of records from the original creditor in order for the court to receive the documents. The Missouri Supreme Court accepted transfer of the appeal. The case has garnered national attention from several trade organizations and groups. Spencer Fane, on behalf of the DBA International, urged the Missouri Supreme Court to affirm the ruling, and argued that a contrary holding would significantly impede debt buyers from collecting upon legitimately owed debt through the Missouri courts. A ruling is expect in early 2012.