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Collection Actions

2011 2d edition

596 pp.
and Companion Website
ISBN 978-1-60248-085-8

Summary Contents
Table of Contents
Index
About the Companion Website
About the Authors

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The only treatise to detail consumer defenses to debt buyer and creditor collection lawsuits on credit card, medical, and other consumer debts.

How to Defend a Collection Lawsuit
  • Responding to collector’s requests for admissions
  • Required attachments to the collector’s complaint
  • A debt buyer’s proof of ownership of the debt
  • Defenses to account stated, contract, on account, quantum meruit and other causes of actions
  • Statute of limitations
  • Other common consumer defenses to the debt: identity theft, wrong consumer, only authorized user, etc.
  • Limits on finance charges and attorney fees
  • Consumer counterclaims and class counterclaims
  • Special protections for active duty military personnel
  • Government collections
  • Medical debt; dishonored check collections.
Steps to Take After Judgment for the Collector or Consumer
  • Revolutionary new Treasury Rule protecting Social Security funds in bank accounts
  • Other protections against bank account freezes, wage garnishments, and property seizure
  • Setting aside default judgments
  • Attorney fees for prevailing consumers
  • Cleaning up the consumer’s credit report.
The Website Contains
  • Sample answers, discovery, motions to dismiss, and motions to set aside judgments
  • 50 state summary of exemption protections
  • Federal exemption statutes
  • Federal statutes on government collections
  • The Servicemembers Civil Relief Act and a practice manual on the Act.

The NCLC manual series is the primary authority in their respective subjects. Many of the queries I get from lawyers and lay people on a regular basis can be easily answered by referring to the manuals.
- Alan M. White, Assistant Professor,
Valparaiso University School of Law

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