This program will cover how to get the most out of your collection attorney and help your attorney collect for you. It will show you what a creditor's file should look like and when to turn the case over to an attorney; don't wait too long.
- Initial dealings with debtors
- Maintaining debtor information
- What happens if the debtor defaults on their payments?
- Preparing a file for the attorney
- Pre-litigation efforts
- What credit managers expect from a collection attorney
- Community property vs. separate property
- The judicial process
- Pre-judgment remedies
- Judicial remedies
9:00 a.m. - 9:30 a.m.
I. Initial Dealings With Debtors
A. Information To Obtain Up Front To Prevent Problems If An Account Goes Bad Later
B. Attorneys' Fees Provision In Contract
9:30 a.m. - 10:00 a.m.
II. Maintaining Debtor Information
10:00 a.m. - 10:30 a.m.
III. What Happens If The Debtor
Defaults On Their Payments?
A. Skip-Tracing Sources
B. Outside Collections
C. Bad Checks – A.R.S. § 12-671
D. Statutes Of Limitation – Oral vs. Written Contracts
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:15 a.m.
IV. Preparing A File For The Attorney
11:15 a.m. - 11:45 a.m.
V. Pre-Litigation Efforts
A. FDCPA Requirements/Demand Letters
B. Verification Of Information Provided By Creditor
C. Attempts To Contact Debtor For Payment
D. Referral To Collection Attorney
11:45 a.m. - 12:15 p.m.
VI. What Credit Managers Expect
From A Collection Attorney
A. Ways To Evaluate A Prospective Attorney Or Firm
2. Type Of Practice
3. Familiarity With Your Line Of Business?
6. Work Style
7. Billing Rates
B. Techniques To Help Make Your Collection Attorney More Effective
1. Discuss Your Expectations
2. Establish Clear Lines Of Communication
3. Provide Complete Facts
4. Involve Your Attorney Early In The Process Where Useful
5. Learn From Your Attorney
6. Be Available
7. Be Consistent
8. Be Decisive
9. Give Clear Feedback
C. Methods Of Evaluating Performance
1. Meet Periodically To Review Results
2. Measure Results
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 1:45 p.m.
VII. Community Property vs. Separate
1:45 p.m. - 2:15 p.m.
2:15 p.m. - 2:45 p.m.
IX. The Judicial Process
A. Violation Of Security Interest
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
X. Pre-Judgment Remedies
A. Seizing Assets
3:30 p.m. - 4:00 p.m.
XI. Judicial Remedies
B. Post-Judgment Garnishment (Earnings/Non-Earnings)
C. Writs Of Execution
4:00 p.m. - 4:30 p.m.
XII. Question And Answer Period