Training Course Syllabus:
Enhance Your Chances of Collecting
Collections law is a procedural minefield for the unwary; any misstep can lead to delays in proceedings or costly violation suits. Protect yourself and maximize your chances of recovery by augmenting your knowledge of collections law – from process of service to executing on a judgment. Get practical advice and practice pointers from actual practitioners in the field, and walk away with valuable forms and materials for later reference. Register today!
- Get clarification on collection procedures and rules.
- Prevent delays in proceedings by knowing effective litigation strategies and motion practice.
- Avoid improper service of process, so your clients don´t lose their chance to collect.
- Effectively navigate the minefield of lien priority conflicts.
- Use pre-existing, unrecorded liens to defeat the shield of bankruptcy.
- Learn the procedural nuts and bolts of judgment liens and garnishment – and the exemptions that apply.
- Beware of traps that trigger liability claims.
- Learn the best ways to discover and seize debtor assets.
- Find out how to use fraudulent conveyance claims as a useful tool for settlement.
- Know what to do with the judgment when the debtor files for bankruptcy.
- Make sure you know how to avoid potential ethical problems when working in collections.
Collection Litigation and Motion Practice
9:00 - 10:10, William J. Delaney
- Preliminary Concerns
- Demand Letters and Other Ways to Get the Debtor´s Attention
- Pre-Petition Discovery
- Procedures for Filing Suit: Time Limits, Venue, Etc.
- The Complaint
- Service of Process; How to Find and Serve Debtors Avoiding Process
- Settlement Offers
- Defensive Pleadings
- Handling the Late Filed Answer
- Pre-Judgment Judicial Remedies
- Obtaining a Judgment
Averting Potential Ethical Problems in Collections
10:25 - 11:15, William J. Delaney
- Conflicts of Interest
- Dealing With Unrepresented Persons
- The Extent of Lawyer Liability
Identifying Fraudulent Conveyances
11:15 - 12:00, Written by Lauren F. Verni
- Laws Governing Fraudulent Conveyance
- Proving the Principle Elements
- Litigation Strategies: Asserting and Defending Against Claims
- Remedies Available
Asset Searches and the Judgment Debtor Exam
1:00 - 1:45, Lynda L. Laing
- Asset Searches: Non-Judicial and Judicial
- Judgment Debtor Exam: Procedures, Service Requirements, Conducting the Exam
Post-Judgment Collection Strategies
2:00 - 3:30, Lynda L. Laing
- Judgment Liens on Real Property
- Personal Property Liens
- Priority Conflicts: Navigating the Minefield of Judgment Liens vs. Security Interests
- Writs of Execution
- Sheriff´s Sales of Property
- Garnishment of Wages or Other Property
- Assignment Orders
- Deficiency Actions
- Exemptions of Debtor
Creditor Remedies Available in Bankruptcy
3:30 - 4:30, Lauren F. Verni
- What to do With the Judgment When the Debtor Files for Bankruptcy
- Relief From Stay
- Differences Under Chapter 7 and Chapter 13 – Secured or Unsecured, Payment of Judgment, Impairment of Exemptions
- Discharge of Debt/Dischargeability