This valuable guide by Michael L. Starzec and Christopher R. DiPlacido provides assistance for attorneys dealing with collection litigation issues. The 2019 edition contains a thorough examination of new Illinois Supreme Court Rule 280 as well as the addition of two new chapters: the first discussing motions to reinstate from a breached payment plan and the second summarizing common counterclaims and other actions. Other topics considered in the handbook are theories of liability, assignments, small claims pleading requirements (notice pleading), defending against motions to dismiss, case-specific motions to dismiss, adherence to the Fair Debt Collection Practices Act, trial practice, and much more. There is thorough discussion of each topic with best-practice guidance provided, as well as Practice Pointers and checklists that will aid the regular collection practitioner as well as someone new to the field.
For consideration of collection litigation from the debtor’s perspective, see IICLE®’s COLLECTION LITIGATION: REPRESENTING THE DEBTOR by Daniel A. Edelman.
Listing of chapters, authors (with firms hyperlinked and location — city — noted), general editor(s) (if applicable).
Note: This is a two-author handbook.
Michael L. Starzec, Blitt & Gaines PC, Wheeling, and Christopher R. DiPlacido, Resurgence Legal Group, PC, Bannockburn
Chapter 1 — Collection Action
Chapter 2 — Theories of Liability
Chapter 3 — Assignments
Chapter 4 — Small Claims Pleading Requirements: Notice Pleading
Chapter 5 — Defending Against Motions To Dismiss
Chapter 6 — Cases-Specific Motions To Dismiss
Chapter 7 — Motions To Dismiss on Accounts Stated
Chapter 8 — Defending Motions To Dismiss in Small Claims
Chapter 9 — Common Counterclaims and Other Actions
Chapter 10 — Motions To Reinstate from a Breached Payment Plan Dismissal
Chapter 11 — Trial Practice
Chapter 12 — Final Thoughts
The 2019 edition contains a thorough examination of new Illinois Supreme Court Rule 280 as well as the addition of two new chapters: the first discussing motions to reinstate from a breached payment plan and the second summarizing common counterclaims and other actions.