The Guerrilla Guide to How To Fight A Debt Collection Lawsuit

The Guerrilla Guide To How To Fight A Debt Collection Lawsuit is filled with inside tips and information gleaned from a career filled with hundreds of hours of civil and trial experience, including defending against debt collectors.

This guide includes the following topics:

Overview of the Debt Collection Process
Common Debt Collection Myths
How The Debt Collection Process Works
Problems in the System
Dealing With Debt Collectors Before Lawsuit
Important Things to Know About Lawsuits (and Debt Lawsuits)
The Rules of Civil Procedure
Rules of Evidence
Local Rules of Court
Defending Yourself
Where is the Form
It’s Not About Forms
Other Issues
Federal v. State Court
Should You Dodge Service?
Counterclaims
Defending a Lawsuit
Before We Begin
How A Lawsuit Starts
Due Order of Pleadings
Answering the Complaint
Affirmative Defenses
Jury Trial vs. a Bench Trial
Discovery
Disclosure
Interrogatories
Requests for Production
Requests for Admission
Why Is Sending Discovery So Important?
Answering Discovery
Filing A Motion to Dismiss or a Motion for Summary Judgment
Motion to Dismiss
Motion for Summary Judgment
How to Use the Motions
How to Attack Using Discovery
Other Evidence
Lost or Destroyed Documents
Another Attack – The Motion to Strike Evidence
Are They Licensed?
To Sum Up This Section
The Trial
Trial Tips
Conclusion
Appendix A – Text of Federal Fair Debt Collection Practices Act
Appendix B – Fair Debt Collection Practices Acts For Each State
Appendix C – State Statutes of Limitations For Credit Card Debt
Appendix D – Common Actions Prohibited Under FDCP
Appendix E – Sample General Denial
Appendix F – Hybrid of General Denial & Specific Answer
Appendix G – Affirmative Defenses
Appendix H – Sample Request For Disclosures
Appendix I – Sample Interrogatories
Appendix J – Sample Request For Production
Appendix K – Motion to Dismiss
Appendix L – Motion For Summary Judgment
Appendix M – Creditor-Debt Exemptions By State
Appendix N – Text of Fair Credit Reporting Act

The Guerrilla Guide To How To Fight A Debt Collection Lawsuit is designed for the person representing themselves against debt collectors both before and during a lawsuit. It provides tips, tactics, and forms to allow someone to put the collection agency or the credit on defense and reveals not only where they are weak but also how to take advantage of the weakness.

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