Ensure Your Clients Get Paid
Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don't rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic seminar. Enroll today!
- Avoid collection activities that violate the FDCPA and/or state laws.
- Learn best practices for discovering debtor assets both pre- and post-judgment.
- Recognize what provisional and final remedies are available to creditors to collect what is owed.
- Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
- Know the creditor's rights when collecting debt and when the debtor files for bankruptcy.
- PRE-SUIT COLLECTION STRATEGIES
9:00 - 10:00, Michael A. Hall
- How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
- THE FAIR DEBT COLLECTION PRACTICES ACT
10:00 - 10:30 and 10:45 - 11:30, Kenneth C. Howell
- Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
11:30 - 12:30, Brian D. Knox
- Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining the Judgment
- COLLECTING THE JUDGMENT
1:30 - 2:45, Brian D. Knox
- Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff
- Wage Garnishment
- Exemptions by Debtor
- Fraudulent Conveyances
- BANKRUPTCY REFORM AND ITS IMPACT ON THE DEBTORS, CREDITORS AND THE SYSTEM
3:00 - 4:30, Matthew T. Christensen
- What to Do When the Debtor Files Bankruptcy
- Liquidation or Reorganization?
- Surrender, Redemption or Reaffirmation of Secured Debt
- Automatic Stay Issues
- Means Testing and "Abusive Filing"
- Taking a Look at Exemption Planning
- 707(a) and 707(b) Dismissal
- Discharge of Debt/Dischargeability