STEP #1: Debt Collection Process and Procedure Fundamentals
9:00- 9:35, Joe Weyant
- 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
9:35 - 10:25, W.B. Mitchell Carter Jr.
- 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
10:40 - 11:45, Brian E. Price
- 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
11:45 - 12:20, Brian E. Price
- 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
1:20 - 1:50 Joe Weyant
- 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
1:50 - 2:40, Brian L. O'Shaughnessy
- 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
2:55 - 3:30, Brian L. O'Shaughnessy
- 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, W.B. Mitchell Carter 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