Rogan

The trial court granted judgment for the defendant in this debt collection action because plaintiff failed to prove it was a licensed collection agency, We hold a denial on lack of information and belief in a verified answer is insufficient to place that issue in controversy.

I

Transworld Systems, Inc., as assignee of ITT Life Insurance Corporation, sued Steve John Rogan for money due on a written contract. Transworld alleged its status as a licensed collection agency in a verified complaint. Rogan’s verified answer denied that and other allegations on a lack of information and belief.

No evidence as to plaintiff’s licensure was presented by either side in the court trial. During closing argument, counsel for defendant asserted, “Plaintiff. . . purports to be a licensed and bonded collection agency. And under the Business and Professions Code, they cannot collect debts unless *733 they are licensed. There has been no proof of that, [fl] Business and Professions Code section[s] 6850 and 6956 are the relevant code sections as alleged in the complaint. And there’s been no proof that they are licensed.” Counsel also argued plaintiff failed to prove it held a valid…

I disagree with the majority’s conclusion that a defendant must bear the onerous burden of conclusively establishing the truth or falsity of a matter of public record within the statutory time for answering a verified complaint. While the majority blithely asserts a defendant may easily contact the appropriate public agency by telephone or letter, the reality is not so simple. Anyone who has tried to elicit information from a public agency is likely to have experienced the frustration of unanswered questions unless he knew in advance exactly which agency, department, telephone number or extension to contact.

The relatively few authorities providing any justification for the general rule rely on a faulty premise: the easy accessibility of public records. Literally tens of thousands of federal, state and local agencies issue myriad licenses, permits and “public records” every day. Filing cabinets, warehouses and computer banks throughout the nation are jammed with them. Any trial lawyer who has investigated a product liability case or any homeowner who has searched for an old building permit can attest to the time and expense involved. Yet the majority concludes that whenever a…