Tread Carefully...But Ensure Your Clients Get Paid
Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have the information you need to ensure payment of the debt - while keeping in compliance with strict guidelines governing consumer collections? Don't rush in unprepared. Maximize your chances of recovery with the practical solutions you'll gain at this definitive seminar. Enroll today!
- Uncover assets - including property - that can help you maximize monetary recovery.
- Stay in compliance: follow the guidelines governing actions permitted or restricted by the FDCPA.
- Learn effective (and legal!) ways to get the debtor's attention when moving forward with a lawsuit.
- Learn how to use wage garnishments and attachments to successfully collect judgments.
- Take the steps necessary to protect your client's rights when the debtor files for bankruptcy.
- PRE-SUIT COLLECTION STRATEGIES
9:00 - 10:00 Written by David S. Kershaw. Presented by David S. Kershaw in Greenville and Tara E. Nauful in Charleston.
- How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
- THE FAIR DEBT COLLECTION PRACTICES ACT
10:15 - 11:15 Written by Harriet P. Wallace. Presented by Harriet P. Wallace in Greenville and Tara E. Nauful in Charleston.
- Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
11:15 - 12:15 Written by M. Kevin McCarrell. Presented by M. Kevin McCarrell in Greenville and Jake S. Barker in Charleston.
- Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- COLLECTING THE JUDGMENT
1:15 - 2:15 Written by David S. Kershaw. Presented by David S. Kershaw in Greenville and Jake S. Barker in Charleston.
- Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
- Wage Garnishment
- Exemptions by Debtor
- Fraudulent Conveyances
- THE IMPACT OF BANKRUPTCY ON COLLECTIONS
2:30 - 3:30 Written by Harriet P. Wallace. Presented by Harriet P. Wallace in Greenville and Sean Markham in Charleston.
- Steps to Take When a Debtor Files Bankruptcy
- Chapter 7 - Liquidation, Automatic Stay, Dischargeability
- Chapter 13 - Reorganization, Automatic Stay, Dischargeability
- Means Testing and "Abusive Filing"
- Exemption Planning
- 707(a) and 707(b) Dismissal
- AVOIDING ETHICAL TANGLES IN COLLECTIONS
3:30 - 4:30 Written by M. Kevin McCarrell. Presented by M. Kevin McCarrell in Greenville and Sean Markham in Charleston.
- Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
This basic-to-intermediate level course will provide professionals with the legal framework to collect consumer debt. Those who should attend include:
- In-House Counsel
- Collections and Loan Officers
- Credit Managers
- Presidents/Vice Presidents