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Substantive Defenses to Consumer Debt Collection Suits

Substantive Defenses to Consumer Debt Collection Suits

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Date: 02/24/2010 Author: NCLC, LSC, VLP, BBA

Extensive materials from a training on defending debt collection suits. Topics covered include:

Interviewing clients and evaluating cases
Collection case procedures in district court
Supplementary process
The training was presented by the National Consumer Law Center, Wilmer Hale Legal Services Center, Senior Partners for Justice/Volunteer Lawyers Project and the Boston Bar Association.

Note that the attached materials, which include an overview of the law as well as forms and sample pleadings, are very large, and may take some time to download.

http://www.masslegalservices.org/node/33731
Date: 02/24/2010 Author: NCLC, LSC, VLP, BBA

Extensive materials from a training on defending debt collection suits. Topics covered include:

Interviewing clients and evaluating cases
Collection case procedures in district court
Supplementary process
The training was presented by the National Consumer Law Center, Wilmer Hale Legal Services Center, Senior Partners for Justice/Volunteer Lawyers Project and the Boston Bar Association.

Note that the attached materials, which include an overview of the law as well as forms and sample pleadings, are very large, and may take some time to download.

http://www.masslegalservices.org/node/33731

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Categories:Types, Business/Law
Published by: Lisa Stinocher OHanlon on Dec 13, 2012
Copyright:Attribution Non-commercial

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SUBSTANTIVE DEFENSES
TO
CONSUMER DEBT COLLECTION
SUITS
February 24, 2010
Suffolk University Law School
NATIONAL CONSUMER LAW CENTER
WILMERHALE LEGAL SERVICES CENTER OF
HARVARD LAW SCHOOL
VOLUNTEER LAWYERS PROJECTSENIOR PARTNERS FOR JUSTICEand
BOSTON BAR ASSOCIATION
 
About NCLC
he National Consumer Law Center® is a non-profit corporationfounded in 1969 and dedicated to the interests and legalrepresentation of low-income consumers. See our website formore information at www.consumerlaw.org
.
Ordering NCLCPublicationsTrainingCase ConsultingCharitable DonationsAttentionTrademarkCopyright
Publications Department, National Consumer Law Center, 7Winthrop Square, Boston, MA 02110-1245 (617)542-9595,publications@ncic.org
or order online at www.consumerlaw.org
.
NCLC conducts national, regional, and local consumer lawtrainings. It also holds annual conferences on consumer rightslitigation and other issues. Contact NCLC for more information.Case analysis for lawyers representing low-income consumers isamong NCLC's primary activities. In particular, Administrationon Aging funds allow us to provide free consulting to advocatesrepresenting older consumers on many types of cases.Massachusetts Legal Assistance Corporation funds caseassistance to advocates representing low-income Massachusettsconsumers. More comprehensive case analysis and research is
available for a low fee.
NCLC's work depends in part on the support of private donors.Tax deductible donations should be made payable to NationalConsumer Law Center, Inc. NCLC has also received generouscourt-approved
cy pres
awards arising from consumer classactions to advance the interests of class members.This publication is designed to provide authoritative informationconcerning the subject matter covered. Always use other sourcesfor more recent developments or for special rules for individualjurisdictions. This publication cannot substitute for theindependent judgment and skills of an attorney or otherprofessionals. Non-attorneys are cautioned against using thesematerials to conduct a lawsuit without advice from an attorneyand are cautioned against engaging in the unauthorized practice
of law.
National Consumer Law Center® and NCLC® are registeredtrademarks of National Consumer Law Center, Inc.
CO 2010 by National Consumer Law Center, Inc. All rights
reserved.
ii
 
TABLE OF CONTENTSAgendaAbout the Speakers
i
I. INTRODUCTIONTypes of Debt
Assignment
H.
PROOF
Basic Eements of a Contracts Action 4
How the Business Records Act & the Best Evidence Rule Are Relevant
toDeb ColectionCases 4
Married Debtors
5
Mistaken Identity
6
Identity Theft
Satuteof Lmtations Issues 9
Frivolous Suits
11
III.
AFFIRMATIVE DEFENSES
Acod&Saisfacion 13
Pymn 13
Discharge in Bankruptcy
14
Minority & Capacity to Contract
4
Real Party in Interest Defense
5
Res Judicata
15
Statute of Limitations
16
Fraud
16
Good Faith & Fair Dealing
17
Mtigaion&Unar Enichmen 17
Unconscionability
19
Sevicemembes onAciveDuy 20
IV.
COUNTERCLAIMS
UnicensedDeb Colecto 21
Unregistered Debt Collector
1
Imoper Vnue 21
VaidaionNoiceRequremen 21
SutsonaSaeDb 22
Totsfo Auses 22
UnauhoizedPracticeo Law 25
V.
POST-JUDGMENT
Limitations on Debt Collector's Ability to Take Defendant's Property
(Exempted Property)
26
Setting Aside a Judgment for Failure to Serve Defendant
27
1ii

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