This resource provides practical, courtroom tested guidance on Illinois consumer collection litigation, covering cases from intake through enforcement with strategies to address common pitfalls and prove claims efficiently.
Authors Michael L. Starzec and Christopher R. DiPlacido deliver practical, courtroom‑tested guidance in this comprehensive handbook on Illinois consumer collection litigation. Written for busy practitioners, it follows a case from compliance and intake through pleading, motions to dismiss, assignment issues, counterclaims, trial practice, and post‑dismissal enforcement. Focused chapters address breach of contract and account‑stated theories, small‑claims pleading standards, evidentiary foundations, arbitration defenses, and reinstatement after payment plan defaults. Grounded in Illinois statutes, Supreme Court Rules, and controlling caselaw, the handbook clarifies recurring problem areas — such as Rule 280 affidavits, Fair Debt Collection Practices Act and Consumer Financial Protection Bureau compliance, venue pitfalls, and documentation admissibility — while offering practical strategies to streamline motion practice and prove cases efficiently, including in witness‑limited or remote trial settings.
Michael L. Starzec and Christopher R. DiPlacido, Blitt & Gaines PC, Vernon Hills
Chapter 1 — Collection Checklist
Chapter 2 — Theories of Liability
Chapter 3 — Assignments
Chapter 4 — Small Claims Pleading Requirements: Notice Pleading
Chapter 5 — Defending Against Motions To Dismiss and Motions To Enforce Arbitration Provisions
Chapter 6 — Case-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