Litigation Manual – Table of Contents
The Debt Defense System
Defeat the debt collectors in lawsuits without having to hire a lawyer
Below is the Table of Contents for the Debt Litigation Manual, 2nd Ed. As you can see, it addresses most of the issues likely to come up in debt litigation.
We have actually almost completed the 3rd Edition of the Manual, which will be substantially different and – we hope – even better, but for now we include this table of contents as an indication of what the manual looks like.
When Your Legal Leg Up began, we had a “stand-alone” manual. We determined that people would have a better chance of winning with much less stress if we could provide more continual help, and thus the memberships were born. With that change we have been able to bring vastly more information to our members as well as regular guidance through the teleconferences and sample documents for most situations. The Debt Litigation Manual therefore still gives an overview and a lot of information, but it is intended to be used with the membership to give much more help.
TABLE OF CONTENTS
Instructions for Using this Manual
Foreword
Debt Collection Is a Social Justice Issue
Commitment
About the Debt Master Series
Membership with Your Legal Leg Up
Overview of Litigation and Strategic Thinking in Debt Litigation
Your Goals
The Debt Collector’s Goals
Settlement
The Key to Strategic Thinking in Litigation
This Manual
On “Heart”
Your Heart
Their Heart
Debt Collection May Be a Social Justice Issue, but…
Debt Master Series
Timeline of Trouble
Litigation Flowchart
TABLE OF CONTENTS
Litigation Checklist
Some Red Tape
Selected Customer Feedback
CHAPTER 1 – You Are Being Sued
You Receive a Summons
Court Appearance
The Courts and Courtrooms
Let’s Talk About Stress
The Courtrooms Themselves: A Walk-Through
The Call Docket
You Should Fight
Chance of Winning
Risks of Self-Defense
The Debt Collectors
The Lawyers
Original Creditors
Chapter 2 – Summonses and Motions to Vacate or Dismiss
How Debt Lawsuits begin
You Never Hear about the Suit
You Find out about the Suit after Judgment
You Hear about the Suit in Time
Through the Grapevine
Through Being Served the Summons
Motions to Vacate Judgment
Time for Filing Motion to Vacate
Excuse and Defense in Motions to Vacate
Motion to Vacate for Lack of Service of Summons – the Big Exception
Form of Motion to Vacate
How Much Time Should You Spend on a Motion to Vacate?
Motions to Dismiss
Motions to Dismiss – Partial or Complete
Why Would You Ever File a Partial Motion to Dismiss?
Attack on Personal or “Subject Matter” Jurisdiction
Gray Areas for Motions to Dismiss
Should You File a Motion to Dismiss?
Possible Bases for Motions to Dismiss
The Law
The Facts
Chapter Three – Answers and Counterclaims
Your Answer to the Petition
Rules of Pleading
Form of Answer
Affirmative Defenses
Notice Pleading vs. Fact Pleading
Possible Affirmative Defenses
Counterclaims
Claims against Debt Collectors under the FDCPA
Specific FDCPA Rules
Required Conduct by a Collection Agency
Other Claims against Debt Collectors or Original Creditors
Miscellaneous Counterclaims
Why File a Counterclaim
What You Can Win Under the FDCPA
State Law Remedies
Jury Trial or Not?
CHAPTER 4 – What the Debt Collector Must Prove
Proving Ownership of the Debt
Proving the Amount of Debt
Proving You Incurred the Debt
Proving That the Debt Was Fair
Redundancy and the Burden of Proof
CHAPTER 5 – Discovery
What Is “Discovery”?
Interrogatories
Your Interrogatories
Their Interrogatories
Requests for Production
Requests for Admissions
Depositions
Expense: The Double-Edged Sword
CHAPTER 6 – Motions
Some General Principles for Disputing Motions
A Word about Persuasion and “Precedent”
Debt Collector Arguments
Time, and Types of Motions
Motions to Compel
Motions for Summary Judgment
Motions for Summary Judgment and Admissions
Your Motion for Summary Judgment
Procedure for Arguing Motions
Oral Argument
Preparation
Notes
Admissions
CHAPTER 7
A Trial Is a Contest
Pretrial Preparation
The Actual Trial Schedule
1 – Jury Selection
2 – Opening Statements
3 – Presenting Evidence: The Company’s Case in Chief
Cross Examination
4 – Motion for Directed Verdict
5 – Putting On Your Case: Evidence!
6 – Rebuttal
7 – Renewed Motion for Directed Verdict
8 – Jury Instructions
9 – Closing Argument
10 – Jury Verdict
12 – The Judge Must Render the “Final Judgment”
13 – Notice of Appeal
CHAPTER 8 – Evidenciary Issues
Direct Examination
Approaching the Witness
Cross-Examination
Making Objections
The Rule against Hearsay
The Business Records Exception to the Rule Against Hearsay
Offers of Proof
CHAPTER 9.- Where to Go from Here
Conclusion
GLOSSARY
Appendix I
APPENDIX II
