4.2.4.1.4 Trustworthiness

Business records exempt from the hearsay rule also cannot lack trustworthiness. Inconsistencies between the records and the collector’s affidavits, pleadings, or other documents can suggest a lack of trustworthiness in the records themselves.¹³¹ If the documents are introduced as true copies of what was sent to the consumer, they should not contain handwritten notes that were added after the document was sent to the consumer. Of course, an affidavit cannot be used to introduce into evidence business records if the records are not attached to the affidavit, but merely referenced in the affidavit.¹³²