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Who should attend Collections: Seeking and Collecting a Judgment
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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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)

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