FDCPA Compliance, Collection Strategies, Litigation Tactics, and More
Collecting a debt can be a complex, time-intensive process. A successful recovery requires a fundamental understanding of debt collection laws, and the savvy to navigate the practical challenges that collectors face. This program will provide you with a comprehensive overview of the debt collection process. Learn how to comply with FDCPA rules and avoid costly violations, use the internet to uncover hidden assets, and recover judgments through liens and wage garnishments. Order today!
- Stay in compliance - understand what collections activities are allowed under the FDCPA.
- Evaluate the debt to determine if it is worth pursuing.
- Receive tips on uncovering hidden assets using social media and other internet resources.
- Prevent and address actions that can result in costly counterclaims.
- Learn how to recover the judgment by garnishing wages, attaching liens, and other methods.
This is a rebroadcast of the original webcast delivered by Bruce N. Menkes, George E. Warner Jr. & Ronald S. Weiss on December 13, 2019. Faculty will be available to answer your questions after the program.
10:00 am to 5:00 pm Eastern Standard Time
- What Debt Collectors Can and Can't Do
10:00 - 11:00 Bruce N. Menkes
- Reviewing the Fair Debt Collection Practices Act
- Understanding the Least Sophisticated Consumer Standard
- Best Practices When Communicating with Debtors and Creditors
- Applying Pressure vs. Harassment: Restrictions on Time, Place and Frequency of Contact
- Electronic Communications - What is and is Not Allowed?
- Avoiding the Most Common FDCPA Violations
- Debtor Rights and Remedies
- Pre- and Post-Suit Debt Collection Strategies
11:15 - 12:15, George E. Warner Jr.
- Determining if the Debt is Worth Pursuing
- Sending Demand Letters and Other Pre-Suit Collection Measures
- Negotiating Settlements and Payment Plans
- Filing a Lawsuit
- Obtaining a Judgment
- What to Do When a Debtor Files for Bankruptcy
- Uncovering Assets
12:45 - 1:45, George E. Warner
- Debtor's Examinations: Asking the Right Questions
- Using Information Acquired in Discovery
- Essential Asset Location Tools
- Conducting Public Records Searches
- Uncovering Hidden Assets via Social Media
- Potential Pitfalls When Utilizing Internet Resources
- Enlisting a Skip Tracer to Locate Debtors and Their Assets
- Creditor and Debtor Litigation Tactics
1:45 - 2:45, Ronald S. Weiss
- Responding to the Initial Complaint
- Making the Most of Interrogatories, Depositions and Other Discovery Tools
- Locating and Exploiting Points of Leverage in Debtor/Creditor Communications
- FDCPA Violations (and Other Procedural Mistakes) That Can Sink Your Case
- Actions That Can Result in a Counterclaim - and How to Prevent Them
- Obtaining Penalty Awards, Attorney Fees and Damages
- Enforcing and Recovering the Judgment
3:00 - 4:00, Ronald S. Weiss
- Perfecting the Judgment
- Judgment Liens on Property
- Wage Garnishment
- Installment Payments
- Self-Help Repossession
- Debtor Exemptions
- Spotting Fraudulent Conveyances
- Ethical Considerations in Debt Collection
4:00 - 5:00, Bruce N. Menkes
- Avoiding Ethics Violations When Conducting Asset Searches
- Confidentiality Concerns
- Lawyer Liability
- Attorneys' Fees
This program is designed for attorneys. Debt collectors, accountants and paralegals may also benefit.