Course Description
COMPLIANCE: What Debt Collectors MUST Know NOW!
 Staying in regulatory compliance while attempting to collect a debt has never been more important! In this comprehensive and critical compliance guide; you'll walk step-by-step through the collection process, gain effective techniques AND ensure compliancy. Get the fundamental tools you need to legally collect debt, locate assets, garnish wages, attach liens and more - ALL while remaining compliant under the CFPB, FDCPA and TCPA. Register today for this timely program!
 
   - Avoid the swarm of new penalties and lawsuits under the FDCPA and CFPB.
 
   - Add attorney's fees to collection matters without being sued.
 
   - Steer clear of exposure to liability; know the FDCPA and recent changes.
 
   - Explore the CFPB's areas of focus, role and enforcement actions.
 
   - Review the statutory basis and case law surrounding the "Mini-Miranda" warning.
 
   - What type of property is subject to a lien? How do you attach a lien? Find out!
 
   - Review permitted vs. prohibited techniques under the FDCPA/CFPB.
 
   - Effectively locate assets, garnish accounts and attach liens.
 
   - Avoid sticky jurisdiction/venue issues when seeking judgment.
 
   - Stay up to date and compliant with the TCPA.
 
   - Understand how bankruptcy impacts collections.
 
   - Clearly define harassment, false, deceptive and misleading practices.
 
 
            Agenda
STEP #1: Debt Collection Process and Procedure Fundamentals
   9:00 - 9:45, Blake E. Oakes
 
 
   - The Debt Collection Process Framework
 
   - Who, What, Where, When, Why and How?
 
   - Principles and Methods of Collections
 
   - Essential Collection Procedures
 
   - Sample Collection Flowchart/Matrix
 
 
 STEP #2: How Bankruptcy Affects Collections
   9:45 - 10:30, Barry H. Grodsky
 
 
   - Bankruptcy Basics: Automatic Stay, Discharge, etc.
 
   - How the Different Creditors are Prioritized
 
   - Working with the Trustee
 
   - Bankruptcy Cases That Pose Risk
 
   - Filing of Inaccurate or False Proofs of Claims
 
   - Responding to Preference Claim
 
   - Bankruptcy Code Changes Affecting Creditors
 
 
 STEP #3: How to Comply with the FDCPA, CFPB and State Law
   10:45 - 11:30, Evan Park Howell
 III
 
   - Persons/Transactions/Communications Covered
 
   - Who is a "Debt Collector"?
 
   - Defining Harassment, False, Deceptive and Misleading Practices
 
   - "Mini-Miranda" Warning: Statutory Basis and Case Law
 
   - "Least Sophisticated Consumer" Standard
 
   - Reform Efforts, Trends and Changes
 
   - Complying with CFPB Regulations, Rules and Orders
 
   - Interplay of CFPB, FDCPA and State Laws
 
   - Update: CFPB's Role, Reach of Authority and Aggressive Enforcement
 
   - Recent Case Law
 
   - Top CFPB/FDCPA Complaints
 
   - TCPA and FTC Compliance
 
   - Overview of Critical State Laws, Rules and Regulations
 
 
 STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB and TCPA
   11:30 - 12:15, Blake E. Oakes
 
 
   - Verification of Debt
 
   - Telephone Calls; Voice Mails
 
   - Notices and Forms
 
   - Effective Demand Letters; Envelopes
 
   - Social Media and Email
 
   - Faxing Fundamentals
 
   - Third-Party Communication
 
   - Other Pre-Suit Collection Strategies
 
   - How to Discuss Possible Litigation with Debtor
 
 
 STEP #5: How to Obtain a Judgment
   1:15 - 1:45, Blake E. Oakes
 
 
   - When Should a Judgment be Considered?
 
   - Choosing Court to File Suit in - Jurisdiction/Venue Issues
 
   - Court Proceedings; Process and Procedure
 
   - Other FDCPA Issues
 
   - Serving the Claim
 
   - Notice of Motion for Default Judgment
 
   - What if a Defense is Filed?
 
 
 STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing and More
   1:45 - 2:30, Barry H. Grodsky
 
 
   - Basic Enforcement Processes and Procedures
 
   - Out of State Enforcement
 
   - Locating Places of Employment
 
   - Filing Writs of Execution
 
   - Effectively Locating Assets; Investigation Tips
 
   - How to Seize Assets (Bank Accounts, Stocks, Retirement Accounts, Wages)
 
   - How to Attach a Lien on Property
     
       - Personal or Real?
 
       - What Type of Property is Subject to a Lien Under State Law?
 
       - What Type of Property to Attach?
 
       - How to do That and Samples?
 
       - Priority of Liens
 
     
    
   - Alternatives to Wage and Bank Garnishments
 
   - Claims of Exemptions
 
   - Third Party Claims of Ownership
 
   - Collecting on Intangibles
 
   - Piercing the Single Member LLC Veil; The Alter Ego
 
   - Self-Employed Debtors
 
 
 STEP #7: How to Avoid (and Handle) FDCPA Claims
   2:45 - 3:30, Stanley C. Kottemann Jr.
 
 
   - Top FDCPA Violations/Claims
 
   - Mechanics, Process and Procedures
 
   - Debtor vs. Creditor Rights in a Lawsuit
 
   - Debt Collector Documentation
 
   - Defending the FDCPA Action
 
   - Proving/Disproving Damages
 
 
 STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
   3:30 - 4:30, Stanley C. Kottemann Jr.
 
 
   - Defining When an Attorney is a "Debt Collector"
 
   - Adding Attorney's Fees to Collection Matters Without Being Sued
 
   - When are You Entitled to Attorney Fees?
 
   - Collection of Filing Fees and Pre-Judgment Interest
 
   - Reporting Professional Misconduct
 
   - Account Management Best Practices
 
   - Billing, Credit Policy Best Practices
 
   - Harassment
 
 
            Audience
This basic level seminar is designed for attorneys. Debt collectors and paralegals will also benefit.