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1.4.2 Status of Collection Lawsuit

  • • Interview of the client, case selection, and litigation strategy—Chapter 2, infra
  • • Lawsuit is filed and still pending:
  • • Response to defects in the complaint—Chapter 3, infra
  • • Statute of limitations—§ 3.7, infra
  • • Creditor’s request for admissions—§ 4.2.2, infra
  • • Sufficiency of the creditor’s evidence—§ 4.2, infra
  • • Whether the debt buyer has proven it owns the debt—§ 4.3, infra
  • • Whether the creditor has proven the elements of its claim—Chapter 4, infra
  • • Consumer defenses—Chapter 5, infra
  • • Consumer counterclaims—§ 5.7, infra
  • • The creditor’s right to attorney fees, other collection expenses, or postjudgment interest—Chapter 6, infra
  • • Judgment has been rendered for creditor—§ 1.4.3, infra
  • • Judgment has been rendered for the consumer—Chapter 17, infra