On March 5, 2014, the Appellate Division for the Superior Court of New Jersey issued a 46-page consolidated opinion clarifying the type of documentation necessary to demonstrate ownership of an account for collections purposes.
In establishing ownership of an account, the opinion affirmed the sufficiency of electronic business records or data files as adequate proof of ownership. Notably, the opinion also affirmed that the common industry practice of providing an electronic copy of the last billing statement to a debtor was sufficient to demonstrate the amount due at charge-off and to form the basis for collections activities. The opinion also added that the validity of a debt assignment is not undermined by a failure to provide notice of the assignment to the debtor.