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Who should attend Accounts Receivable/Consumer Debt Collection - From Delinquency to Bankruptcy
All professionals who want to expand their knowledge in the fields of consumer and commercial debt collection strategies. Case studies and interactive exercises will reinforce concepts learned. Best for Accounts Receivable staff, Controllers
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All professionals who want to expand their knowledge in the fields of consumer and commercial debt collection strategies. Case studies and interactive exercises will reinforce concepts learned. Best for Accounts Receivable staff, Controllers

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Seminar Summary:

Consumer debt collection is among the most regulated areas of business there is. In fact, the United States is known to be  (see full course description)

 
 
 

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Training Course Syllabus:


Accounts Receivable/Consumer Debt Collection - From Delinquency to Bankruptcy

Course Description:

Consumer debt collection is among the most regulated areas of business there is. In fact, the United States is known to be "debtor-friendly", meaning debtors typically have more rights and protections than creditors. The Federal law that regulates consumer debt collection is the Fair Debt Collection Practices Act. Companies that have full knowledge of this Act normally fare ok with debtors. Those that do not risk a civil lawsuit. The issue is that the Act itself is open to interpretation in many areas, and even veteran collectors get tripped up by it. Business-to-business (commercial) debt collection is governed by the Uniform Commercial Code, and the government tends to take a more "hands off" approach. This seminar will delve into both consumer and commercial debt collection regulations, and offer best practices to increase your company´s rate of recovery while remaining within the bounds of the law. We will also cover how to handle being sued by a debtor for alleged violations of the law, and how to pursue aggressive collection techniques properly. Finally, the seminar will cover how to handle a debtor bankruptcy.


Learning Objective:
Learn how to increase Accounts Receivable recovery without violating Federal law
Learn how to use the credit bureaus as one of your biggest weapons against debtors
Learn how to use more aggressive collection techniques like judgments and garnishments
Learn how to minimize the impact of a lawsuit brought by a debtor for violation of Federal law
Learn how to deal with people other than the debtor to obtain information you need to collect on delinquent accounts
Learn how to deal with debtor bankruptcy and understand what you MUST do to protect your rights


Course Benefits:
Full understanding of the Fair Debt Collection Practices Act
Full understanding of the Bankruptcy Code and how to protect your rights
Comprehensive analysis of the three major areas of the FDCPA that trip up even experienced collectors
Comprehensive analysis of the civil lawsuit process and how to defend yourself in court if sued by a debtor

Areas Covered:
Fair Debt Collection Practices Act
Fair Credit Reporting Act
U.S. Bankruptcy Code
Medical Collections - HIPPA Guidelines
Uniform Commercial Code - Personal Guarantees and Promissory Notes
Choosing a Collection Agency - And Knowing When to Find a New One
New Law Related to Bankruptcy Filings You MUST Know About
How One Simple Email Can Land You in Court
Being Sued by a Debtor - Best Practices

Course Outline:
Day One (8:30 AM – 4:30 PM)

Registration Process: 8:30 AM – 9:00 AM

Session Start Time: 9:00 AM

Introduction to Debt Collection and the Regulatory “Backdrop”
Fair Debt Collections Practices Act
Origin and History
The Three Areas that Trip Up Even Seasoned Collectors
Harassment, Threats, Illegal 3rd-Party Disclosure
Case Study One – The Collection Agency That Would Not Quit
Fair Credit Reporting Act
Origin/Purpose
Why It’s Your Biggest Weapon
Educating the Debtor Regarding Negative Items on their Credit Reports
Uniform Commercial Code and HIPPA
Overview of Sections Pertinent to Commercial Collections
Promissory Notes and Personal Guarantees
How to Properly Structure Trade Credit Terms
Remaining Within HIPPA Guidelines during Medical Collections
Case Study Two – Lapses in the Commercial Credit Process
Proper sequencing of documentation
Determining whether or not to extend trade credit
Comprehensive Case Study: The Debtor-Creditor “Dance”

Day Two (8:30 AM – 4:30 PM)


The Bankruptcy Code
The CRITICAL Difference Between “I am broke” and “I am bankrupt”
General Background of Bankruptcy Laws
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy (Commercial Only)
Chapter 13 Bankruptcy
Chapter 9 Bankruptcy (Specific to Public Entities)
Chapter 12 Bankruptcy (Farms and Fisheries)
Protecting Your Rights during Debtor Bankruptcy
Dealing with the Court
The Meeting of Creditors
Two Things You MUST Do to Protect All the Money You Are Owed
The “Means” Test – Chapter 7 versus Chapter 13 Bankruptcy
Aggressive Collection Techniques
Foreclosure/Repossession
Judgments and Garnishments
The Homestead Exemption and Other Exempt Property
Why a Judgment is No Guarantee You Will Ever Get Your Money
Being Sued by a Debtor
Flowchart of Process
Why Settling Out of Court Might Be Your Best Option
Penalties for Violating the FDCPA
Choosing a Collection Agency versus Staying “In-House”
National Association of Credit Management
Understanding Credit Fraud and Preventing It
Accounts Receivable Aging Schedules – What They Are REALLY Telling You
The “1099-C” Strategy for Lenders
Examples and Comprehensive Case Study.

Seminar Summary:

Consumer debt collection is among the most regulated areas of business there is. In fact, the United States is known to be  (see full course description)

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