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Collections: Seeking and Collecting a Judgment  

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This basic-to-intermediate level seminar provides an excellent overview of debt collection litigation and post-judgment enforcement for: Attorneys, In-House Counsel, Paralegals, Collection Managers, Credit Managers, Presidents/Vice Presidents

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Seminar Summary:

Get practical advice and practice pointers from actual practitioners in the field, and walk away with valuable forms and materials for later reference. (see full course description)

 

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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

Seminar Summary:

Get practical advice and practice pointers from actual practitioners in the field, and walk away with valuable forms and materials for later reference. (see full course description)

print this agenda print agenda for the Collections: Seeking and Collecting a Judgment training seminar

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