Defending a Consumer Debt Case

Court dockets across the country are saturated with lawsuits from banks and debt buyers seeking to recoup defaulted credit card and student loan debts.  Many cases are brought by high-volume collection firms that file lawsuits by the hundreds. This course provides an overview of best practices for responding, along with a discussion of affirmative defenses, counterclaims, and discovery devices, with some specific examples from New York for illustration. We also discuss the distinctions between original creditors and debt buyers, and how that distinction can affect the debtors' available defenses.

Learning Objectives: 

1. Discuss answering the complaint and potential defenses 
2. Identify potential affirmative defenses, with an analysis of original creditors vs. debt buyers, statute of limitations issues, and the documentary evidence defense
3. Understand counterclaims, such as claims under FDCPA for any false or deceptive practices
4. Understand various discovery devices such as Notices to Admit, Interrogatories, and Demand for Production of Documents