Disable Highlighting

Highlight Options

Actions

List of Forms

You must be a paid subscriber to access the downloads

Table of Contents

Chapter 1 — Collection Checklist

Chapter 2 — Theories of Liability

I. [2.1] Breach of Contract

[2.2] Garber v. Harris Trust & Savings Bank and Its Progeny

[2.3] Coming to Terms with Cardholder Agreements

[2.4] Why Can Credit Card Issuers Change Their Terms?

[2.5] Can Changes Be Retroactive as Well as Prospective?

[2.6] Razor Capital v. Antaal

[2.7] Pleading Standards

[2.8] How Many Sets of Terms Should Be Pleaded or Attached?

[2.9] Summary

[2.10] An Inconvenient Truth: Who Needs Signatures?

[2.11] Illinois’ Electronic Commerce Security Act

[2.12] Summary

II. [2.13] Alternative Theory of Liability: Account Stated

[2.14] Historical Pedigree of Account Stated

[2.15] Account Stated in Illinois

[2.16] No Contract Required

[2.17] A Signed Agreement Is Not Required

[2.18] Toth v. Mansell

[2.19] Motive Parts Company of America, Inc. v. Robinson Disassembled

[2.20] A Written Contract Renders Account Stated Superfluous

[2.21] Anything Goes as an Underlying Obligation

[2.22] Itemization Not Required

[2.23] Reasonable Time Requirement

[2.24] Scholarly Support

[2.25] Does It Apply to Credit Cards?

[2.26] Summary

Chapter 3 — Assignments

Chapter 4 — Small Claims Pleading Requirements: Notice Pleading

Chapter 5 — Defending Against Motions To Dismiss

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

Authors

Christopher R. DiPlacido
Christopher R. DiPlacido
Christopher R. DiPlacido is a Senior Attorney with Resurgence Legal Group, PC, in Bannockburn, where he focuses his practice on collections and commercial litigation. He is a member of the Illinois Creditors Bar and Illinois State Bar Associations. Mr. DiPlacido earned his A.B. cum laude from Wabash College and his J.D. from DePaul University College of Law.
Michael L. Starzec
Michael L. Starzec
Michael L. Starzec is a Partner with Blitt and Gaines, P.C., in Wheeling, where he concentrates his practice in debt collection and creditors’ rights. He serves as the Vice President of the Illinois Creditors Bar Association and is also a member of the National Creditors and Illinois State Bar Associations (serving on the Commercial Banking, Collections and Bankruptcy Law Section Council of the ISBA). Among his publication credits are SMALL CLAIMS COLLECTION, A SMART GUIDE (IICLE®, 2011) and The History of Credit in 4,000 Years or Less (Loyola Consumer Law Review, Fall 2013). Mr. Starzec earned his B.A. from Northern Illinois University and his J.D. from DePaul University College of Law.

Highlight Options

Collection Litigation: Representing the Creditor 2019 Edition

An IICLE® Online Library subscription is required to view this content. For more information or to subscribe, click here.