How to Prove Up a Note

This testimony (in addition to, but also independently of, a business-records affidavit) was sufficient to prove up a note, and the Fifth Court found error in concluding otherwise, in Collins Asset Group v. Ayers:

Dan Laux, CAG’s Legal Outsourcing Manager, testified that he is familiar with CAG’s records and the method by which CAG acquires, stores, and takes possession of notes. He further described how this Note was received, scanned, and stored with CAG’s business records.

 

Laux testified that he received the original Note within thirty days of CAG’s purchase of the Note, and that he had tendered the original to counsel. He identified the Note attached to the business records affidavit as a true and correct copy of the original.

 

Laux also offered testimony about how CAG relied upon and used the Note to calculate the amount due and sent letters based on that calculation. Laux testified that CAG is the owner of the Note.

No. 05-21-00295-CV (March 30, 2022) (mem. op.).