This concentrated program is designed to give you essential knowledge of how to get results in collection of debts and will provide a detailed review of the following:
- The FDCPA
- Getting the judgment
- Post-judgment collection proceedings
8:30 a.m. - 10:30 a.m.
I. Does The FDCPA Apply To You?
A. What Is A Debt?
B. Who Is A Debt Collector
II. What Does The FDCPA Require Debt Collectors To Do?
A. Validation Notice
B. Mini-Miranda Warning
C. Processing Post-Dated Checks
D. Application Of Payments To Multiple Debts
III. What Does The FDCPA Prohibit?
A. Communications With Third Parties
B. Communication With The Debtor
C. Harassment And Abuse
D. False And Misleading Representations
E. Collection Of Amounts Not Authorized By Law Or Agreement
F. Furnishing Deceptive Forms
IV. Litigation Against The Debtor
B. Interaction Between The FDCPA And Indiana State Law
V. How Can Debt Collectors Avoid Liability For FDCPA Violations
A. Statute Of Limitations
B. Bona Fide Error Defense
C. Penalties And Damages For FDCPA Violations
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:40 a.m.
VI. Getting The Judgment The Litigation And Discovery Process
A. Why Get A Judgment?
B. Procedure For Drafting, Filing And Serving The Complaint
11:40 a.m. - 12:00 p.m.
VII. Questions And Answers
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m
VIII. Getting The Judgment The Litigation And Discovery Process (Continued)
1. What Is It?
2. Do I Need It?
D. Judgment Without Trial
1. Agreed Judgment
2. Judgment By Default
3. Summary Judgment
E. Trial Process And Strategy
2:00 p.m. - 4:10 p.m. (Break 3:00 p.m. - 3:10 p.m.)
IX. Post-Judgment Collection Proceedings Now That You Have A Judgment, How Do You Collect
A. Proceedings Supplemental To Execution Against The Debtor And Their Property
B. Proceedings Supplemental To Execution (Garnishments) Against Third Parties
1. What Income And Property Can Be Reached? (Almost Everything)
2. Exceptions To, And Limitations On, What Can Be Garnished
C. Executions And Other Post-Judgment Collection Remedies
4:10 p.m. - 4:30 p.m.
X. Questions And Answers