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Chapter 1 — Who Is Bringing the Case: Creditor or Debt Buyer? - Chapter 2 — Court Procedures, Deadlines, and Proper Plaintiff
- I. [2.1] Procedures and Deadlines
- II. [2.2] Arbitration
- III. [2.3] Proper Plaintiff
- IV. [2.4] Licensing of Debt Buyers
- V. [2.5] Authorization To Do Business
- VI. [2.6] Securitization Issues
- VII. [2.7] Assignees for Collection as Plaintiffs
- VIII. [2.8] Applicability of Hearsay Rule in Small-Claims Proceedings
- 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
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IV. [3.4] Compliance with Supreme Court Rules 280 – 280.5 - V. [3.10] Identity Theft Claims
- VI. [3.11] Cause of Action for Account Stated Requires Both the Underlying Contract and a Statement of Account
- VII. [3.12] 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
- 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
- XVI. [6.21] Usurious 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] Who Is a “Consumer”?
- IV. [7.10] What Is a “Debt”?
- V. Violations
- [7.13] Prohibited Third-Party Contacts and Contacts with Represented Consumers — 15 U.S.C. §1692c
- [7.14] Harassing and Abusive Conduct — 15 U.S.C. §1692d
- [7.15] False, Deceptive, or Misleading Communications — 15 U.S.C. §1692e
- [7.16] Unsophisticated Consumer Standard
- [7.17] Materiality
- [7.18] False Threats
- [7.19] Time-Barred Debts
- [7.20] Discharged Debts
- [7.21] Phony Attorney Letters
- [7.22] “Sewer Service”
- [7.23] Suing or Dunning the Wrong Person
- [7.24] Misrepresentation of Components of Debts
- [7.25] Attempting To Collect Debts of Decedents
- [7.26] Unprovable Collection Cases
- [7.27] Lawsuits by Unlicensed Debt Collectors
- [7.28] Use of Social Media
- [7.29] Unfair Practices — 15 U.S.C. §1692f
- [7.30] Validation Notice — 15 U.S.C. §1692g and Regulation F, 12 C.F.R. §1006.34
- [7.31] Venue — 15 U.S.C. §1692i
- VI. [7.32] Civil Remedies — 15 U.S.C. §1692k
- Dulijaza (Julie) Clark
Dulijaza (Julie) Clark
Dulijaza (Julie) Clark is a Partner at Edelman Combs Latturner & Goodwin, LLC, where she focuses her practice on class action litigation with an emphasis on consumer matters. She is a member of the American Bar Association and the Chicago Bar Association and has been a speaker on consumer-related class actions for the National Consumer Law Center. Clark received her B.A. from Northern Illinois University and her J.D. from the DePaul University College of Law.
- 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.
- Heather A. Kolbus
Heather A. Kolbus
Heather A. Kolbus is a Partner at Edelman Combs Latturner & Goodwin, LLC, where she concentrates her practice in consumer class action litigation. She is a member of the Chicago Bar Association and the National Association of Consumer Advocates. Kolbus received her B.S. cum laude from DePaul University and her J.D. from the Roger Williams University School of Law.
- Cassandra P. Miller
Cassandra P. Miller
Cassandra P. Miller is a Member at Edelman, Combs, Latturner & Goodwin, LLC, in Chicago, and concentrates in consumer class action litigation. Miller is a member of the Chicago Bar Association. She received her J.D. magna cum laude from The John Marshall Law School and her B.A. from the University of Wisconsin-Madison.
Collection Litigation: Representing the Debtor 2022 Edition
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