In law, the difference between experience and inexperience is often knowing what to look for – you may not know exactly what your rights are, but you gain a “feeling” for where there are rights. You may have read a note in a journal, or heard of an interesting case from a friend – there are many ways you eventually become familiar with a branch of law. And until you do that, you never really know what you don’t know. Whole roads of opportunity may go past you unseen – not even considered. Get this book on Amazon/Kindle.
Nowhere is this more true than of debt law. The law is not complicated, but it is an odd amalgamation of old case law and new statutory law. The average lawyer, having gone through law school, has at least that sense of feeling about rights anchored in the old case law. But the average lawyer has no idea about the statutory law. Lawyers are trained to “move” cases, and for most lawyers this means settling them. In debt law, the lawyers representing debt collectors run a smooth, bold operation, and this often means, unfortunately, that the lawyer who might represent you against them is very likely to suggest you settle the case at the “discounted” rate of 70% of what the debt collector was suing you for – or more. That is usually very bad advice, and the tendency of lawyers to give this sort of advice is one reason you might actually be better off representing yourself in this type of case. Or at the least this is an area where it pays to be a knowledgeable client.
If you are being sued and want to know how to defend yourself or to watch your lawyer with a knowing eye, then you will want to get the Litigation Bundle. Over time I have come to believe that the Bundle could use a little supplementation and thus have added materials on legal thought and analysis, case organization, and trial preparation.Get this book on Amazon/Kindle.
This book, Special Issues in Debt Litigation, is designed to supplement all that in way. It does not go into the “nuts and bolts” of the materials all that often, and it is not designed to help you actually draft a memo or file a counterclaim. Rather, Special Issues is designed to help you develop instinct. It’s designed to give you an overview of the issues that might come up so that, like someone with a lot of experience in this type of law, you can have a developed sense of where the issues are and where it might be good to do some more research. This book is intended to convey some of the gut feeling you get from being around this type of litigation a long time. You will know a lot about this kind of law by the time you finish the book. Get this book on Amazon/Kindle.