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Defending Consumers and Their Assets

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
  • Detailed chapter on medical debt
  • All new chapter on criminal justice 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.

Download the Print Edition’s TOC


"I use the NCLC books in my bankruptcy practice and to expand my practice in other areas... I have used the Collection Actions book to expand my practice into collection defense. In light of the change in bankruptcy law, I have been able to expand my practice to defend collection cases for debtors who if they filed bankruptcy would have been 100% plans. I have gotten better results for my clients that I would have in bankruptcy court and I avoided the bankruptcy on my clients record. Collection defense involves the same debt buyers and the same claims...” — Patrick Kavanagh, Law Offices of Patrick Kavanagh, Bakersfield, CA