On Demand
Audio
Defending a Consumer Debt Case
Produced on February 06, 2017
Course Information
Course Description
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:
- Discuss answering the complaint and potential defenses
- Identify potential affirmative defenses, with an analysis of original creditors vs. debt buyers, statute of limitations issues, and the documentary evidence defense
- Understand counterclaims, such as claims under FDCPA for any false or deceptive practices
- Understand various discovery devices such as Notices to Admit, Interrogatories, and Demand for Production of Documents
Credit Information
Faculty
Simon Goldenberg
Law Office of Simon Goldenberg PLLC
Attorney Simon Goldenberg is passionate about consumer advocacy and concentrates his practice in the following areas:
- Debt resolution
- Lawsuit defense for credit cards & student loans
- Debt collection harassment
- Business Debt Relief
- Consumer Bankruptcy
Attorney Goldenberg has also completed training in the field of Credit Scoring and Credit Restoration. Mr. Goldenberg's wide range of knowledge on credit issues enables him to search for nuances in credit law to provide clients with the high level of representation that they require. Mr. Goldenberg is a graduate of Hofstra University School of Law and is admitted to practice in the State Courts of New York and New Jersey, as well as the Federal Courts in the Southern District of New York, Eastern District of New York, and District of New Jersey.
SPECIAL RECOGNITIONS:
Superlawyers has selected Simon Goldenberg as a "Rising Star in New York" for the years of 2014, 2015, and 2016 for his contributions to consumer law. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Through Avvo.com, Simon Goldenberg has been honored to be conferred with the Client Choice Award for Bankruptcy and Debt Settlement for the years of 2013 through 2016. The American Society of Legal Advocates has conferred the designation of "Top 40 Under 40 Bankruptcy Lawyers" for 2015 to Simon Goldenberg. Martindale-Hubbell and Lawyers.com has recognized Attorney Goldenberg with a Client Distinction Award for providing excellent quality of service and communications with our client's.
Reviews
Really good do not know why you are discontinuing credit in California
good
Very informative. Wish there was more about law firms representing directly representing an original creditor, not all about assignments to debt purchasing organizations. Also what to do when your client is on the hook for attorneys fees incident to collection and the attorneys just keep billing time and have disincentive to settle.
An effective and well-organized presentation.
Thank you
Information I can use—well-presented!
I appreciate the points in this CLE on both sides.
Great speaker
It was good to learn about effective and ethical strategies that consumers can use to resist erroneous debt collection efforts.
Very informative.
Great. Slides are very informative.
Great CLE. Very informative, great presenter.
Lots of good information to use in everyday practice!
Quite knowledgeable.
I do collection work for the Plaintiff. This CLE was helpful.
Great presentation!
Simon did a great job. He also provided slides that were very helpful. He was willing to share his knowledge freely. I don't see that in many other courses. Thanks, Simon.
extremely informative - many thanks!
Thank you, very helpful training.
Great presentation.
Good overview and good useable tips for litigation.
This presenter was excellent.
This speaker was truly outstanding. Great content!
This was a good one because it was practical, unlike so many CLEs I've watched.
Course emphasized the importance of technicalities in this typed of lititgation
GREAT COURSE!
top notch!
Very well organized and presented seminar. Thank you!
Excellent presentation, very good concrete tactics to use in actual litigation case.
Very Practical and informative.
Excellent presentation.
Wonderful. Thanks to the instructor being so adept, I am now encouraged to pursue more of this area of practice
Really good program.
Very good presentation and insight.
The lecture was informative
Informative!
The practical approach examples were very helpful.
Good topic choice
Best class I have listened to yet. Very informative.
very good and informative
Excellent introduction for a one hour course. I will look for other courses from this guy.
Speaker very good
great speaker, very knowledgeable.
This guy was great; passionate, practical, and clearly both knows what he's doing and loves doing it. Great stuff.
I represent creditors. Simon did a great job.
Good instructor!
This course was terrific. The faculty was not only knowledgeable but incredibly engaging and enthusiastic about the subject matter.
Very detailed presentation, chock full of practice tips.
Superb presentation
Excellent! One of the best I've seen. Lots of practical information presented clearly.
Good lecture.
once again, an excellent instructor.
Excellent
Very Informatiove
Great speaker, great presentation
Worth every second of listening! Wealth of information and interesting scholar who clearly is a seasoned litigator.
Thank you!
Totally new area of the law for me - this was extremely informative.
Practical and helpful information delivered with enthusiasm kept my attention. Thank you.
Great presentation! Well organized! Lots of useful information.
Excellent