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2.2.2 Office Resources

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  5. 2.2.2 Office Resources

2.2.2 Office Resources

The consumer attorney should obtain copies of all court rules for the courts in which collection actions are traditionally brought in that state. Across the country, there are many “rocket docket” debt collection courts that may have their own unique written (or unwritten) rules, so it is important to check with other lawyers or the clerks and judges who run the debt collection docket.

The consumer attorney can also start collecting and organizing copies of all relevant statutes and case law. Also included in an attorney’s library should be selected law treatises, including any state-specific manual on collection cases. Other particularly good choices are NCLC’s Fair Debt Collection31 and Fair Credit Reporting.32 For deficiency cases following repossessions, an essential resource is NCLC’s Repossessions.33 For student loan cases, NCLC’s Student Loan Law34 is indispensable. NCLC’s Truth in Lending35 details important substantive rights for consumers related to credit cards and credit card collection cases.

A useful office resource is a client brochure (containing the attorney’s contact information) or similar information on the attorney’s website that explains what to do if the consumer has been sued. A good sample of a brochure is freely printable from the website of the National Association of Consumer Advocates (NACA),36 and NACA also has some useful self-help education videos for consumers.37

These materials are helpful even if the attorney decides not to represent the consumer, as the consumer is at least provided some assistance and leaves with a more favorable impression of the attorney. The brochure or website can also discuss cost issues and the advantages of an attorney as well as be a source of referrals for the attorney.

NCLC’s Surviving Debt38 is a comprehensive guide for families in financial distress, covering everything from defending collection actions to the bankruptcy option, budgeting, staving off foreclosures, and much more. The book may be helpful for paralegals in the office, and some consumer attorneys purchase Surviving Debt in quantities of 100 at very low prices and then distribute the book to clients or to counselors, clergy, social workers, and others in the community.

Footnotes

  • 31 National Consumer Law Center, Fair Debt Collection (9th ed. 2018), updated at www.nclc.org/library.

  • 32 National Consumer Law Center, Fair Credit Reporting (9th ed. 2017), updated at www.nclc.org/library.

  • 33 National Consumer Law Center, Repossessions (9th ed. 2017), updated at www.nclc.org/library.

  • 34 National Consumer Law Center, Student Loan Law (6th ed. 2019), updated at www.nclc.org/library.

  • 35 National Consumer Law Center, Truth in Lending (10th ed. 2019), updated at www.nclc.org/library.

  • 36 Nat’l Ass’n of Consumer Advocates, Know Your Rights When You Owe a Debt, available at www.consumeradvocates.org.

  • 37 Nat’l Ass’n of Consumer Advocates, Debt Collection, available at www.consumeradvocates.org.

  • 38 National Consumer Law Center, Surviving Debt (12th ed. 2020), updated at www.nclc.org/library.