| THE FAIR DEBT COLLECTION PRACTICES ACT
9:00 - 9:15, Charles S. Filipek
- Scope of the FDCPA
- Actions Permitted and Restricted by the FDCPA
COLLECTING WITHOUT FILING A LAWSUIT
9:15 - 9:50, Stanley M. Hammerman
- Determining Whether a Commercial Debtor is Worth Pursuing
- Locating and Notifying the Debtor
- Debt Settlement Negotiations
- The Effective Demand Process: Getting the Debtor's Attention
WORKING WITH A THIRD-PARTY COLLECTION AGENCY
9:50 - 10:25, Charles S. Filipek
- How the Rules Change for First-Party vs. Third-Party Debt Collection
- Preparing the File for the Collection Agency and Attorney
- Maximizing Third-Party Action Effectiveness
- Reviewing Suit Recommendation
FILING THE LAWSUIT
10:40 - 11:40, Stanley M. Hammerman
- Where to File the Lawsuit
- Constructing the Complaint
- Step-by-Step Procedures and Documents to File
- Being Prepared for Debtor Defenses, Default Judgments and Counterclaims
- Protecting the Collector's Rights When a Debtor Files for Bankruptcy
- Mandatory Mediation and Other ADR Methods
- Form of Judgment
EXECUTION ON JUDGMENT - WAYS TO COLLECT
11:40 - 12:30 and 1:30 - 2:40, Timothy H. Barnes and Randy Nussbaum
- Forms Needed to Collect the Judgment
- How to Discover Assets
- Installment and Lump Sum Payments
- Turnover or Assignment Orders
- Bank Attachments
- Use of Judgment Liens
- Receiverships
- Collecting Unsecured Credit
- Collecting From Legal Entities
- Correct Methods for Repossessing Collateral
- Collecting Municipal Judgment Liens and Code Enforcement Liens Reduced to a Money Judgment
STRATEGIES FOR THE CONTESTED CLAIM
2:55 - 3:30, Timothy H. Barnes
- Personal Liability for Corporate Debts
- Proving Actions Were Legal With Collector Documentation and Messages
- Rule 11 Sanctions
- Discovery Tactics
ETHICAL PITFALLS IN COLLECTIONS
3:30 - 4:30, Timothy H. Barnes
- Unethical Collection Letters and Phone Calls
- Fees and Interests Charged for Collection Activities
- Intermingling Activities of Collection Agency and Attorney
- The Ethical Line Between Collection and Harassment
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