TABLE OF CONTENTS

2 Table of contents
7 Introduction
9 If You’ve Been Screwed, Here’s Help
10 You Can Do Something about This
10 Take Control Now
12 This Is Not Legal Advice
15 Chapter I—First You Were Screwed, Now You Are Sued
16 How You Find Out You’re Being Sued
17 The Best Defense Is Any Defense
17 Some Things You Should Know From the Start
18 Settlement Is Very Risky Unless Your Life Has Changed
20 What Are The Risks of Defending Yourself?
20 What If You Fight And Lose?
23 You Must Overcome Your Fear
25 Why You Have A Chance
27 Taking Advantage of the System
30 Coming Up
31 Chapter II—Understanding The Debt Collection Business
32 Discounted Debt
36 About the Debt Collectors and Their Lawyers
36 The Debt Collectors
37 The Lawyers
38 The Original Creditors
39 The Process
42 Chapter III—What to Do When You Find Out You’re Being Sued
44 Respond
44 Defend Yourself
47 Navigating the Court System
49 Chapter IV—Pre-Trial Processes
50 The Call Docket
51 File an Answer
52 You Can Also File A Counterclaim
55 The Fair Debt Collection Practices Act Gives You Rights
57 On the Other Hand
57 Remember the Law of the Jungle
59 Jury Trial or Not?
62 Chapter V—What the Debt Collector Must Prove in a Debt Collection
Case
63 Proving Ownership of the Debt
65 Proving the Amount of the Debt
66 The Rule Against Hearsay
67 The Business Records Exception to the Rule Against Hearsay
70 Proving That You Incurred the Debt
71 Proving That the Debt Was Fair
72 Burden of Proof
73 Chapter VI—The Courts and Courtrooms
74 Lawsuits Are Stressful
75 Your Case Will Probably Be Assigned to a Division
75 The Courtrooms Themselves
79 Chapter VII—Courtroom Appearances
80 The Call Docket
81 Consent Judgments and Defaults
82 For Your Information
82 Recess Before Second Call
82 Other Early Courtroom Appearances
82 Later Courtroom Appearances
83 Chapter VIII—Discovery
84 What Is “Discovery”
85 Interrogatories
86 Your Interrogatories
87 Their Interrogatories
88 Requests for Production
90 Requests for Admissions
92 Depositions
94 Expense: It Goes Both Ways
96 Motions to Compel
97 Chapter IX—Motions
98 Motions to Dismiss
99 Motions to Dismiss in the Debt Context
99 Persuasion and “Precedent”
102 Motions to Compel
103 Motions for Summary Judgment
104 A Brief History of Summary Judgment Motions
105 Motions for Summary Judgment in the Debt Law Context
107 12 Tips for Showing Factual Disputes in Summary Judgment
Motions
111 Chapter X—Trials
113 Preparation for Trial Itself
115 The Actual Trial Schedule
116 Jury Selection
119 Opening Statement
120 Presenting Evidence: The Company’s Case in Chief
120 Making Objections
121 Cross Examination
122 Motion for Directed Verdict
123 Putting on Your Case: Evidence!
125 Rebuttal
126 Renewed Motion for Directed Verdict
126 Instructing the Jury
126 Closing Argument
128 Jury Verdict
129 Judgment Notwithstanding the Verdict
129 The Judge Must Render the “Final Judgment”
129 Notice of Appeal or Motion for New Trial
131 Chapter XI—Steps to Improve Your Chances Next Time
131 Solving a Couple of Problems
132 Debt Collectors Must Identify Themselves to You
132 Debt Collectors Must Verify Debts if You Ask Them
133 Is Bankruptcy an Option You Should Take?
133 Dealing with Creditors and Debt Collectors
135 Conclusion
136 Glossary
175 Appendix I The Fair Debt Collection Practices Act (FDCPA)
188 Appendix II The Federal Rules of Evidence (FRE) (Excerpts)