Ortega v. Cach, LLC

In Ortega v. Cach, LLC, 396 S.W.3d 622 (Tex. App.--Houston 14th Dist. 2013, no pet.), a debt collector submitted a business record affidavit which attached twenty-one pages of records including three affidavits, three billing statements and two credit card agreements. Id. at 626. Ortega did not object to the admissibility of the billing statements or the credit card agreements and the court of appeals noted that these documents were properly admitted under the business records exception. Id. at 629. Ortega solely objected to the admission of the three attached affidavits and the court of appeals affirmed his hearsay argument. Id. at 627--28. The court concluded that the three affidavits were not admissible under the business records exception because the affidavits were prepared for the purpose of litigation. Id. at 630-31.