Case Strategy, FDCPA Guidance, Litigation Techniques, Post-Judgment Tactics and More
While bright-line answers may be rare in law, there are plenty of wrong ways to collect debt. Learn how to take a collection case from initial case strategy to post-judgment recovery. Get practical guidance on communicating with debtors, litigating cases, settling out of court and avoiding common FDCPA pitfalls. Explore the top five FDCPA cases you should know, proposed Regulation F amendments, and common ethical missteps in debt collection. Register today!
- Learn how to shape case strategy to match the case at hand.
- Get practical guidance for compelling payment within the limitations of the FDCPA.
- Review common FDCPA violations made by attorneys and draw insights from leading FDCPA case law.
- Learn how to make the most of the bona fide error defense.
- Explore what the proposed Regulation F amendments mean for your practice.
- Get step-by-step guidance for litigating cases and settling out of court.
- Learn what to do next when you have a judgment in hand.
- Developing Your Collection Strategy
10:00 - 10:45, Lynda L. Laing
- Understanding the Nature of the Debt & the Debtor
- Is the Debt Collectible? If So, What's it Worth?
- Discovering Assets & Skip Tracing
- What Will the Job Require?
- The Easy Cases
- The Bad Cases
- The Ugly Cases
- Keeping the Client in the Loop
- Making Contact with the Debtor
- Navigating the FDCPA
10:45 - 11:45, Ernest H. Kohlmyer
- Key Definitions & Scope
- Procedural Considerations & Damages
- Prohibited Practices & Requirements
- Understanding False, Deceptive & Misleading Representations
- Bona Fide Error, Risk Mitigation & Internal Best Practices
- Common FDCPA Violations Attorneys are Making - Hypos & Guidance
- Top 5 FDCPA Cases You Need to Know
12:00 - 12:30, Ernest H. Kohlmyer
- Staying Ahead of the Regulation F Amendments
12:30 - 1:00, Lynda L. Laing
- Considering & Pursuing Settlement
1:30 - 2:00, Ronald S. Weiss
- Settlement Timing & Strategy
- Negotiation/Communication Best Practices
- Settlement Agreement - Key Clauses & Considerations
- Litigating the Case
2:00 - 3:00, Ronald S. Weiss
- Filing & Service Considerations
- Contents of the Petition
- Getting the Most out of Discovery
- Proving Up the Claim
- Securing Judgment
- A Word on Counterclaims
- Post-Judgment Collection Techniques
3:15 - 4:00, Lynda L. Laing
- You Got a Judgment, Now What?
- Using Liens
- Bank & Wage Garnishment Best Practices
- Levying Assets
- Dealing with Debtor Bankruptcy
- Working with Law Enforcement - Practice Tips
- Ethics in Debt Collection
4:00 - 5:00, Ronald S. Weiss
- Informal Social Media Investigation Missteps
- Keeping Zeal in Check
- Preserving Confidentiality in Communications
- Malpractice & Liability Concerns
- Attorney Fee Best Practices
This program is designed for attorneys. Debt collectors, accountants and paralegals may also benefit.