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Ensure You Are Collecting Legally and Effectively

Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don't rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic seminar. Enroll today!

  • Avoid collection activities that violate the FDCPA and/or state laws.
  • Learn best practices for discovering debtor assets both pre- and post-judgment.
  • Recognize what provisional and final remedies are available to creditors to collect what is owed.
  • Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
  • Know the creditor's rights when collecting debt and when the debtor files for bankruptcy.
  • Remain up to date with the latest ethical considerations surrounding debt collection practices.
  1. Fair Debt Collection Practices Act - What You Need to Know
  2. Other Consumer Protections
  3. Collecting the Judgment - Methods That Work
  4. Locating Assets After the Judgment
  5. Bankruptcy's Implications on Collection Practices
  6. Ethics

  1. Fair Debt Collection Practices Act - What You Need to Know
    9:00-10:00, David R. Dubord
    1. Persons and Transactions Covered
    2. Covered Communications
    3. How to Comply With the Act
      1. False, Deceptive and Misleading Representations Prohibited
      2. Unfair or Unconscionable Collection
      3. Verification of a Debt
      4. Furnishing Deceptive Forms
      5. "Mini-Miranda" Warning
      6. Mandated Disclosures Written for the "Least Sophisticated Consumer"
      7. Recent Developments
    4. Prohibited Conduct
    5. Enforcement
    6. State FDCPA Regulations
  2. Other Consumer Protections
    10:15-11:15, Andrea Bopp Stark
    1. Consumer Credit Protection Act
    2. Truth in Lending Act
    3. Fair Credit Reporting Act
    4. Equal Credit Opportunity Act
    5. Financial Services Regulatory Relief Act of 2006
    6. State Laws
  3. Collecting the Judgment - Methods That Work
    11:15-12:15, Stev Y. Parker
    1. Preference Payment Basics
    2. Wage and Bank Garnishments
    3. Property Execution
      1. Real Property
      2. Personal Property
    4. Dealing With Exemption Claims by the Debtor
    5. Receiverships
    6. Out of State Collections Strategies
    7. Turnover or Assignment Orders
    8. Disclosure Hearings
    9. Attachments
  4. Locating Assets After the Judgment
    1:15-2:15, David R. Dubord and Stev Y. Parker
    1. Informal Discovery
    2. Asset Information Available Publicly
      1. Motor Vehicle Records
      2. Financial Institution Records
      3. Real Estate Records
      4. Credit Bureau Reports
    3. Utilizing Valuable Internet Resources
    4. Using Investigators
    5. Using Supplemental Examinations for Asset Discovery
    6. Court Intervention and Assistance in Forcing Asset Disclosure
    7. Using Motions to Complete the Debtor's Compliance With Post-Judgment Discovery Requests
  5. Bankruptcy's Implications on Collection Practices
    2:15-3:15, F. Bruce Sleeper
    1. Steps to Take and Not to Take in the Event of Bankruptcy
    2. How to Deal with the Automatic Stay
    3. Protecting Your Claim in Bankruptcy
    4. Dealing with Avoidance Actions
    5. Discharge and Dischargeability of Debts
  6. Ethics
    3:30-4:30, Eric E. Wright
    1. Fees
    2. Candor with the Tribunal
    3. Dealing with Unrepresented Persons
    4. Unauthorized Practice of Law
    5. Harassment

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