The Colorado Court of Appeals has addressed this issue in an unpublished opinion in LVNV Funding v. Ramsdale. The Colorado Court of Appeals is an “intermediate” court, meaning that, like the Maryland Court of Special Appeals, it hears appeals from trial courts, but it is not the highest court in Colorado – that is the Colorado Supreme Court.
The debt buyer in Ramsdale, LVNV, showed that it bought a portfolio of debts from Bank of America, providing bills of sale showing the assignment. However, the only evidence showing that the defendant’s account was part of that portfolio was an affidavit produced by LVNV. The affidavit was said to be based on “business records” but LVNV failed to provide those business. The Colorado Court of Appeals found that the affidavit was not enough: the records had to be produced.
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