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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.

STEP #1: Debt Collection Process and Procedure Fundamentals
9:00- 9:35, Joe Weyant

  1. The Debt Collection Process Framework
  2. Who, What, Where, When, Why and How?
  3. Principles and Methods of Collections
  4. Essential Collection Procedures
  5. Sample Collection Flowchart/Matrix

STEP #2: How Bankruptcy Affects Collections
9:35 - 10:25, W.B. Mitchell Carter Jr.

  1. Bankruptcy Basics: Automatic Stay, Discharge, etc.
  2. How the Different Creditors are Prioritized
  3. Working with the Trustee
  4. Bankruptcy Cases That Pose Risk
  5. Filing of Inaccurate or False Proofs of Claims
  6. Responding to Preference Claim
  7. Bankruptcy Code Changes Affecting Creditors

STEP #3: How to Comply with the FDCPA, CFPB and State Law
10:40 - 11:45, Brian E. Price

  1. Persons/Transactions/Communications Covered
  2. Who is a "Debt Collector"?
  3. Defining Harassment, False, Deceptive and Misleading Practices
  4. "Mini-Miranda" Warning: Statutory Basis and Case Law
  5. "Least Sophisticated Consumer" Standard
  6. Reform Efforts, Trends and Changes
  7. Complying with CFPB Regulations, Rules and Orders
  8. Interplay of CFPB, FDCPA and State Laws
  9. Update: CFPB's Role, Reach of Authority and Aggressive Enforcement
  10. Recent Case Law
  11. Top CFPB/FDCPA Complaints
  12. TCPA and FTC Compliance
  13. Overview of Critical State Laws, Rules and Regulations

STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB and TCPA
11:45 - 12:20, Brian E. Price

  1. Verification of Debt
  2. Telephone Calls; Voice Mails
  3. Notices and Forms
  4. Effective Demand Letters; Envelopes
  5. Social Media and Email
  6. Faxing Fundamentals
  7. Third-Party Communication
  8. Other Pre-Suit Collection Strategies
  9. How to Discuss Possible Litigation with Debtor

STEP #5: How to Obtain a Judgment
1:20 - 1:50 Joe Weyant

  1. When Should a Judgment be Considered?
  2. Choosing Court to File Suit in - Jurisdiction/Venue Issues
  3. Court Proceedings; Process and Procedure
  4. Other FDCPA Issues
  5. Serving the Claim
  6. Notice of Motion for Default Judgment
  7. What if a Defense is Filed?

STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing and More
1:50 - 2:40, Brian L. O'Shaughnessy

  1. Basic Enforcement Processes and Procedures
  2. Out of State Enforcement
  3. Locating Places of Employment
  4. Filing Writs of Execution
  5. Effectively Locating Assets; Investigation Tips
  6. How to Seize Assets (Bank Accounts, Stocks, Retirement Accounts, Wages)
  7. How to Attach a Lien on Property
    1. Personal or Real?
    2. What Type of Property is Subject to a Lien Under State Law?
    3. What Type of Property to Attach?
    4. How to do That and Samples?
    5. Priority of Liens
  8. Alternatives to Wage and Bank Garnishments
  9. Claims of Exemptions
  10. Third Party Claims of Ownership
  11. Collecting on Intangibles
  12. Piercing the Single Member LLC Veil; The Alter Ego
  13. Self-Employed Debtors

STEP #7: How to Avoid (and Handle) FDCPA Claims
2:55 - 3:30, Brian L. O'Shaughnessy

  1. Top FDCPA Violations/Claims
  2. Mechanics, Process and Procedures
  3. Debtor vs. Creditor Rights in a Lawsuit
  4. Debt Collector Documentation
  5. Defending the FDCPA Action
  6. Proving/Disproving Damages

STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
3:30 - 4:30, W.B. Mitchell Carter Jr.

  1. Defining When an Attorney is a "Debt Collector"
  2. Adding Attorney's Fees to Collection Matters Without Being Sued
  3. When are You Entitled to Attorney Fees?
  4. Collection of Filing Fees and Pre-Judgment Interest
  5. Reporting Professional Misconduct
  6. Account Management Best Practices
  7. Billing, Credit Policy Best Practices
  8. Harassment

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