2014 3d edition
with Companion Website
Table of Contents
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
- 50 state summary of exemption
- Federal exemption statutes
- Federal statutes on government
- 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