Collection Actions: 4.2.4.3.1 The majority rule
The majority rule is that the affidavit authenticating the records of the original creditor must be sworn to by an employee of the original creditor and not by an employee of the debt buyer,157 because the debt buyer employee has no knowledge of how the originating creditor created the records and cannot testify to how they were created.158 To certify business records, the affiant must be familiar with the original creditor’s record-keeping practices—i.e., the habits and customary practices and