No One Will Deny It: Collections Is A Tough Business. As a professional in the field you require effective, practical measures to accomplish your objectives with maximum effect and minimum stress.
Our faculty will provide you an overview of current collection law, and they will explore special issues commonly encountered in debt collections in Tennessee.
We have selected the faculty based upon their demonstrated success handling the legal and procedural issues surrounding this topic.
- Opening the account
- Pre-suit collection considerations
- Collecting the account through the courts
- Chapter 7 cases/issues
- Hot topics - other issues
- The attendee will be able to discuss pre-suit collection considerations.
- The attendee will be able to identify steps in the collection process.
- The attendee will be able to review bankruptcy considerations.
8:30 a.m. - 9:00 a.m.
I. Opening The Account
A. The Credit Application
B. Put The Contract In Writing
2. Attorney's Fees
C. Sale Of Goods Or Taking Collateral
9:00 a.m - 10:00 a.m.
II. Pre-Suit Collection Considerations
A. Know The Debtor: Guarantors?
B. Locate The Debtor
C. Debtor's Financial Condition
D. The Uniform Commercial Code And Your Lawsuit
1. Why Do You Want Collateral?
2. Basic Requirements Under Tennessee Law
3. Perfection Of A Security Interest (Lien)
4. How To Release A Security Interest
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 11:00 a.m.
III. Filing The Lawsuit
A. Likelihood Of Recovery. Client Or Lawyer Determines?
B. Pre-Litigation Procedures
1. Pre-Suit Demand?
2. Collection Defenses And Counterclaims
C. When Is Debt Size Large Enough?
1. What Is 'Payoff'
2. What Are Your Damages?
D. Costs Of Suit. Are All Costs Recoverable?
E. General Sessions vs. Circuit/Chancery Court?
F. Venue Consumer Or Commercial?
G. Service Of Process Sheriff Or Private Process?
H. Can You Do Part Or All Yourself?
I. Documents And Evidence What Is Hearsay And Its Exceptions?
J. Discovery Before Trial
K. Disposition Of Lawsuit
1. Default Judgment
3. Judge Or Jury?
L. Fair Debt Collection Practices Act
1. Persons And Transactions
2. Communications With A Debtor OR A Person
3. Disclosures, Prohibitions And Harassment
4. Jurisdiction, Venue And Limits Of Liability
11:00 a.m. - 12:00 p.m.
IV. Collecting The Account Through The
B. Taking The Judgment
C. Recording A Judgment Lien
D. Using The Internet To Find The Location Of The Defendant His Employment Or Assets
E. Court Discovery
H. Bank Check
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
V. Impact Of Bankruptcy On The Collection
B. Automatic Stay
C. Property Of The Estate
D. Types Of Cases
1. Chapter 7 Cases
2. Chapter 13 Cases
E. Statistical Information On Bankruptcy Filings
F. The Typical Case/Timeline
1. Meeting Of Creditors
3. Lien Avoidance
6. Rule 2004 Examinations
1:30 p.m. - 2:30 p.m.
VI. Chapter 7 Cases/Issues
A. Asset vs. No Asset
B. Redemption, Reaffirmation, Surrender
C. Trustee's Duties
E. Preference Discharge
F. Pro Se Debtors
2:30 p.m. - 2:40 p.m.
2:40 p.m. - 3:30 p.m.
VII. Chapter 13 Cases/Issues
A. Proof Of Claim
C. Confirmation/Post-Confirmation Issues
F. Post-Petition Debt
3:30 p.m. - 4:30 p.m.
VIII. Hot Topics Other Issues
A. Bankruptcy Fraud
D. Identity Fraud
E. Pro Se