Debtor-Creditor — summary judgment — credit card debt — business records

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Wisconsin Court of Appeals

Civil

Debtor-Creditor — summary judgment — credit card debt — business records

Where the records custodian has first-hand knowledge of a credit card company’s practices, the company’s records are admissible evidence.

“Here, in stark contrast, Central Prairie has produced documentation to validate the existence and amount of the indebtedness under a contract with the original creditor, Chase, and the transactions by which that indebtedness (and records of it) was assigned to Central Prairie. First, the affidavit of Central Prairie’s own record custodian confirms his personal knowledge of Central Prairie’s regular practice of purchasing defaulted Chase accounts and receiving transmission of ‘electronic account information at the time the accounts are assigned,’ along with the terms and conditions and account statements, which records are regularly ‘integrated … from Chase Bank USA, N.A. into [Central Prairie’s] own business records.’ This aspect alone, the custodian’s explanation of the regular processes by which Chase’s electronic account records are transmitted to its assignees, already differentiates this case from Palisades, where the affiant had no apparent knowledge of how Chase prepared its accounts.”

Affirmed.

Recommended for publication in the official reports.

2012AP2400 Central Prairie Financial, LLC, v. Yang

Dist. II, Sheboygan County, Stengel, J., Brown, J.

Attorneys: For Appellant: Yang, Doa, pro se; For Respondent: Walker, Jillian N., Minneapolis