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Chapter 1 — Who Is Bringing the Case: Creditor or Debt Buyer - Chapter 2 — Court Procedures, Deadlines, and Proper Plaintiff
- Chapter 3 — Defective Collection Pleadings
- I. [3.1] Compliance with 735 ILCS 5/2-403
- II. [3.2] Compliance with 735 ILCS 5/2-606
- III. [3.3] Compliance with Supreme Court Rule 282
- IV. [3.4] New Supreme Court Rules for Credit Card Debts and Debt Buyers Collecting Any Consumer Debt
- V. [3.5] Identity Theft Claims
- VI. [3.6] Cause of Action for Account Stated Requires Both the Underlying Contract and a Statement of Account
- VII. [3.7] When Pleadings Should Be Challenged
- Chapter 4 — Right To Obtain Verification of Debt Under the Fair Debt Collection Practices Act, the Uniform Commercial Code, and Supreme Court Rule 222
- Chapter 5 — Collection Plaintiffs and Debt Buyers: Proving That Anything Is Due
- I. [5.1] Affidavits, Testimony, and Records
- II. [5.2] What Is an “Assignment,” and What Is Sufficient Proof of One?
- III. [5.3] Proof of Business Records of Original Creditor
- IV. [5.4] Proof of Contract Terms
- V. [5.5] Facsimile Statements
- VI. [5.6] Secondary Evidence of Documents
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VII. Illinois Law - VIII. [5.11] Need To File Motion To Strike
- Chapter 6 — Substantive Defenses
- I. [6.1] Is the Defendant the Correct Person?
- II. [6.2] Is the Debt Unpaid?
- III. Disputes Regarding Goods or Services Paid
- IV. [6.5] Unauthorized Credit Card Charges
- V. [6.6] Computation of Amount Due on Credit Card
- VI. [6.7] Is the Defendant Personally Liable on Credit Card?
- VII. [6.8] Issuance of a Form 1099-C
- VIII. [6.9] Statute of Frauds
- IX. [6.10] Statutes of Limitations
- X. [6.11] Application of Statutes of Limitations
- XI. Family Expense Statute
- XII. Medical Services
- XIII. [6.18] Nursing Home Contracts
- XIV. [6.19] Retail Installment Contracts
- XV. [6.20] Private Student Loans
- Chapter 7 — Fair Debt Collection Practices Act Issues
- I. [7.1] In General
- II. [7.2] What Is a “Debt Collector”?
- III. [7.9] What Is a “Debt”?
- IV. Violations
- [7.12] Prohibited Third-Party Contacts and Contacts with Represented Consumers — 15 U.S.C. §1692c
- [7.13] Harassing and Abusive Conduct — 15 U.S.C. §1692d
- [7.14] False, Deceptive, or Misleading Communications — 15 U.S.C. §1692e
- [7.15] Unsophisticated Consumer Standard
- [7.16] Materiality
- [7.17] False Threats
- [7.18] Time-Barred Debts
- [7.19] Discharged Debts
- [7.20] Phony Attorney Letters
- [7.21] “Sewer Service”
- [7.22] Suing or Dunning the Wrong Person
- [7.23] Misrepresentation of Components of Debts
- [7.24] Attempting To Collect Debts of Decedents
- [7.25] Unprovable Collection Cases
- [7.26] Lawsuits by Unlicensed Debt Collectors
- [7.27] Unfair Practices — 15 U.S.C. §1692f
- [7.28] Validation Notice — 15 U.S.C. §1692g
- [7.29] Venue — 15 U.S.C. §1692i
- V. [7.30] Civil Remedies — 15 U.S.C. §1692k
- Daniel A. Edelman
Daniel A. Edelman
Daniel A. Edelman is Principal of the firm Edelman Combs Latturner & Goodwin, LLC. Since the end of 1985, he has been in private practice in downtown Chicago. Virtually all of his practice involves litigation on behalf of consumers, including individual and class actions under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Real Estate Settlement Procedures Act, and the Truth in Lending Act and debt collection defense. Edelman argued for the consumer in Heintz v. Jenkins, 514 U.S. 291, 131 L.Ed.2d 395, 115 S.Ct. 1489 (1995), establishing FDCPA coverage of attorneys. He is the author or coauthor of numerous books and publications on class actions and consumer protection law, including CONSUMER CLASS ACTION MANUAL (NCLC, 2d – 5th editions) (coauthor) and chapters in OHIO CONSUMER LAW and IICLE®’s REAL ESTATE LITIGATION (2024) and CAUSES OF ACTION: CONSUMER ACTIONS (2024), as well as articles for the Loyola Consumer Law Reporter and the Chicago Bar Association. Edelman received his J.D. from the University of Chicago Law School.
Collection Litigation: Representing the Debtor (ARCHIVED 2019 EDITION)
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