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 creditor on defense and reveals not only where they are weak but also how to take advantage of the weakness.

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