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Collection Actions

2011 2d ed. and 2013 Supplement

596 pp. with 175-pp. 2013 Supplement
and Companion Website
ISBN 978-1-60248-085-8

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

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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