What can a dedicated collection defense lawyer do for each client?
Step-by-step process for a debt defense lawsuit
By hiring an experienced collection defense attorney, your headache becomes the lawyer’s responsibility. All court dates, court filings, communication with the opposing law firm, and everything else connected to the case will be handled professionally and promptly.
The collection defense attorney shall file with the court and serve on opposing counsel (if applicable to your case):
His appearance on behalf of the client
The client’s answer to the complaint
The client’s required Supreme Court Rule 222 disclosures
The client’s written questions to the debt buyer
The client’s demand that the debt buyer produce documents prior to trial
Other demands for information in accordance with Supreme Court discovery rules (if necessary)
Any other motions against the debt buyer that the attorney deems useful
The attorney shall directly respond to all
Communications from opposing counsel
Communications from the court or the clerk
The attorney shall respond on behalf of the client to opposing counsel’s:
Written questions from the debt buyer
Requests to produce documents by the debt buyer
Requests or offers to settle the case
The attorney shall attend all court dates and:
Promptly inform the client of, and explain, the results of each court date
Provide a copy of the order entered by the court when such order will have become available
If the client demands a trial, the attorney shall:
Draft and file with the court, and serve on opposing counsel, memoranda of law or motions in limine (objecting to certain evidence) prior to trial or memoranda of law
Engage a court reporter (stenographer) to make a record of trial proceedings
Prepare you, the client, for testimony and cross-examination by the debt buyer’s attorney
Prepare any trial exhibits
Prepare the opening argument, the cross-examination of the debt buyer’s witness, possible objections to testimony and exhibits, and the closing argument
Try the case to decision
If the client elects to settle the case the attorney shall:
Assist the client in preparing “hardship” documents persuasive to the debt buyer
Negotiate the settlement to avoid long-term payment plans (with written direction of the client)
Review and revise any proposed settlement agreement for unacceptable terms and negative tax consequences and assure dismissal of the lawsuit as a part of the settlement.
Representation ends when the case is dismissed, a judgment entered, or will have been settled. This representation does not include any post-trial matters unless as set forth in a separate agreement.
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