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.