Avoid Costly Compliance Landmines and Recover Past-Due Accounts
A debtor will attempt to evade payment by employing every trick in the book. That doesn't necessarily mean though a debt will forever go unpaid. Everything you need to successfully collect is available to you at your fingertips. Do you know how to utilize the court system to your advantage? Can you proactively locate assets before a bankruptcy petition is filed? And what are the most effective techniques for collecting judgments in various circumstances? Learn the answers to these questions and much more at this practical and comprehensive two-day seminar. Experienced faculty will walk you through the collections process from start to finish, and after all is said and done, you will leave with the information needed to protect you or your client's bottom line. Register today!
- Outmaneuver stubborn debtors by being able to identify their personality type and select the most effective collection techniques for working with them.
- Avoid violations of the FDCPA, FTC and other debtor protection laws by recognizing what collection practices are prohibited.
- Discover what defenses and counterclaims can diffuse a harassment claim.
- Learn best practices for discovering debtor assets both pre- and post-judgment.
- Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
- Learn the secrets to expeditious commercial debt collection through liens and piercing the corporate veil.
- Know the creditor's rights when collecting debt and when the debtor files for bankruptcy.
- Study the ethical dilemmas that can arise from an overlap of collection agency and attorney activities.
Utilizing Pre-Suit Collection Strategies and Preliminary Due Diligence
9:00 - 10:00, Alvin L. Darby
Filing the Lawsuit
10:15 - 11:30, Todd M. Galante
- Understanding the Debtor
- Where to File the Lawsuit
- Constructing the Complaint
- Step-by-Step Procedures and Documents to File
- Avoiding Counterclaims and Other Debtor Defenses
- Mandatory Mediation and Other ADR Methods
Complying With the Fair Debt Collections Practices Act
12:30 - 1:45, Cindy D. Salvo
- Persons and Transactions Covered
- Covered Communications
- How to Comply With the Act
- Prohibited Conduct
- State FDCPA Regulations
Defending Against the Debt Collection Harassment Claim
2:00 - 3:15, Cindy D. Salvo
- Litigation Costs vs. Possible Damages
- Rule 11 Sanctions and Other Effective Defenses and Counterclaims
- Sample Pretrial Orders and Motions
- Key Strategies During Discovery
- Avoiding Incrimination Through Collector Documents and Messages
- Settlement Strategies and Techniques
- Re-Opening Default Judgment
- Powerful Trial Techniques
Locating Assets After the Judgment
3:15 - 4:30, Steven I. Greenberg and Darin S. Portnoy
- Informal Discovery
- Publicly Available Information
- Utilizing Valuable Internet Resources
- When to Use Investigators
- Supplemental Examinations for Asset Discovery
- Court Intervention and Assistance in Forcing Asset Disclosure
- Using Motions to Complete the Debtor's Compliance with Discovery Requests
Collecting the Judgment
9:00 - 10:00, Steven I. Greenberg and Darin S. Portnoy
- Judgment Liens on Real Property
- Preference Payment Basics
- Personal Property Liens
- Priority Conflicts: Navigating the Minefield of Judgment Liens vs. Security Interests
- Writs of Execution
- Sheriff's Sales of Property: Procedures and Creditor Priority
- Garnishment of Wages or Other Property
- Assignment Orders
- Installment and Lump Sum Payments
- Deficiency Actions
Preparing for Bankruptcy's Impact on Collections
10:15 - 11:00, Matthew E. McGoey
- Steps to Take in the Event of Bankruptcy
- Dealing with the Automatic Stay
- Protecting Your Claim in Bankruptcy
- Dealing with Avoidance Actions
- Dischargeability of Debts
Avoiding Ethical Dilemmas
11:00 - 12:00, Matthew E. McGoey
- Communication with Clients and Other Parties
- Disclosure Issues
- Aggressive Collection Practices
- Unauthorized Practice of Law
- Reporting Professional Misconduct
Defining Commercial vs. Consumer Collections
1:00 - 1:45, Steven I. Greenberg and Darin S. Portnoy
Piercing the Corporate Veil in Commercial Collections
1:45 - 2:45, Warren J. Martin Jr.
- Alter Ego Theory
- Fraud Claims
- Fraudulent Transfers
- Uniform Fraudulent Transfer Act
- Other Equitable Remedies
Identifying Fraudulent Conveyances
3:00 - 4:00, Gerard J. Felt
- Laws Governing Fraudulent Conveyance
- Proving the Principle Elements
- Litigation Strategies: Asserting and Defending Against Claims
- Remedies Available
Collecting Out-of-State Debt
4:00 - 4:30, Gerard J. Felt
This basic-to-intermediate level program is designed for attorneys and other legal professionals. It may also benefit accountants, collection and loan officers, accounts receivable personnel, credit managers, bankers and controllers.