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| From Event: Advanced Collection Strategies, held May 2012.
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Program Description
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A favorable verdict against a debtor was awarded, but what legal options are available to collect debts post-judgment? Learn advanced techniques for handling the daunting task of execution on judgment! Experienced practitioners will give you the secrets to getting what's owed while complying with strict debtor protection laws. In addition, you'll gain key strategies for defending against collection harassment claims and bankruptcy issues should they arise. Build the right tools to achieve favorable results in debt collection. Order today!
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Course Content
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- Post-Judgment Collection: Getting Consumer Debtors to Pay
- Differences Between Commercial and Consumer Collections
- Defending Against the Debt Collection Harassment Claim
- Case Law Update
- Bankruptcy During Collections
- Ethical Considerations During the Collection Process
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Continuing Education Credits:
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Continuing Legal Education - CLE: 7.00 FL - Credit Approval Expiration 11/03/2013 Florida Registered Paralegal Program - Florida Registered Paralegal: 7.00 FL - Credit Approval Expiration 05/03/2014 National Association of Legal Assistants, Inc. - NALA: 6.00 National - Credit Approval Expiration 05/03/2014 National Federation of Paralegal Associations, Inc. - NFPA: 6.00 National - Credit Approval Expiration 05/03/2013
* denotes specialty credits
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Agenda / Content Covered:
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POST-JUDGMENT COLLECTION: GETTING CONSUMER DEBTORS TO PAY 9:00 - 10:00, Richard S. Loudermilk - Steps to Execute on Judgment
- Secrets to Asset Discovery
- Different Debtor Types and Techniques for Working With Them
- Advanced Asset-Specific Collection Techniques for Consumer Debt
(Includes: Freezing Bank Accounts, Wage Garnishment, Judgment Liens, Writs of Execution, etc.) - Required Forms and Other Documentation
DIFFERENCES BETWEEN COMMERCIAL AND CONSUMER COLLECTIONS 10:15 - 11:15, Richard S. Loudermilk BANKRUPTCY DURING COLLECTIONS 11:15 - 12:15, Luis Martinez-Monfort - Introduction to Bankruptcy
- Steps to be Taken in the Event of Bankruptcy
- How to Deal With the Automatic Stay
- Protecting Your Claim in Bankruptcy
- Dealing With Avoidance Actions
- Discharge and Dischargeability of Debts
CASE LAW UPDATE 1:15 - 2:15, Luis Martinez-Monfort DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM 2:30 - 3:30 , Ernest H. Kohlmyer - Jurisdiction Guidelines and Issues
- Litigation Costs vs. Possible Damages
- Rule 11 Sanctions and Other Effective Defenses and Counterclaims
- Sample Pretrial Orders and Motions
- Key Strategies During Discovery
- Avoiding Incrimination Through Collector Documents and Messages
- Settlement Strategies and Techniques
- Re-Opening Default Judgment
- Powerful Trial Techniques: Convincing the Jury That the Debtor is Not the Victim, Debunking Survey and Expert Evidence, Minimizing Damage Awards and Other Essential Strategies
ETHICAL CONSIDERATIONS DURING THE COLLECTION PROCESS 3:30 - 4:30, Ernest H. Kohlmyer - Collection Letters
- Misrepresentation
- Intermingling Activities of Collection Agency and Attorney
- Harassment
- Attorneys' Fees
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ERNEST H. KOHLMYER is a partner with the Orlando law firm of South Milhausen, P.A. He is licensed in both the state and federal courts in Florida and Georgia. Prior to joining South Milhausen, P.A., Mr. Kohlmyer served as general counsel for Nationwide Recovery Service, Inc., currently known as AMO Recoveries. He is admitted to practice before the Eleventh Circuit Court of Appeals and the U.S. Supreme Court. Mr. Kohlmyer practices in the areas of FDCPA and FCRA defense on behalf of collection agencies and credit grantors in the state of Florida. He also represents governmental entities in the central areas of civil rights and constitutional law. Mr. Kohlmyer is a regular speaker on the areas of debt collection and credit bureau reporting issues for the Florida Collectors Association and ACA International. He is a graduate of Florida State University and the University of Dayton School of Law, and is a former chairman of ACA International's member's attorney program (MAP). Mr. Kohlmyer has been a member of MAP and has served as Florida's state unit representative. He also serves on the ACA Legislative Council and is a board member for the ACA International Foundation. RICHARD S. LOUDERMILK is an attorney in Sarasota with Loudermilk Law Firm, P.A. Mr. Loudermilk represents clients at every stage of the collection process, from pre-suit negotiations through trial, as well as post-judgment collection. His clients have included financial institutions, manufacturers, collection agencies, mortgage holders and individual creditors. Mr. Loudermilk has acted as corporate counsel to collection agencies and debt purchasers, and he has extensive experience in commercial and consumer asset collection. He has advised corporate clients on the various issues affecting asset recovery, including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and other federal and state statutes. In addition to his collection work, Mr. Loudermilk represents individual landlords, property management companies and businesses in landlord-tenant disputes. His representation ranges from pre-suit lease negotiations to eviction lawsuits. Mr. Loudermilk is admitted to all state and local courts in Florida and Georgia, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Northern District of Georgia, the Georgia Supreme Court and the Georgia Court of Appeals. He is a member of the Sarasota County Bar Association, The Florida Bar and the State Bar of Georgia. Mr. Loudermilk also is a member of the National List of Attorneys, the General Bar, the Commercial Law League of America and the Lease Enforcement Attorney Network. He earned his B.A. degree from the University of South Florida and his J.D. degree from Emory University. LUIS MARTINEZ-MONFORT is a partner at Gardner Brewer Martinez-Monfort, where he practices in the areas of creditors' rights, bankruptcy litigation, commercial litigation and estate planning. He has spoken on bankruptcy law to business and professional groups. Mr. Martinez-Monfort earned his B.A. degree from Emory University, his J.D. degree from Stetson University College of Law and his LL.M. degree in taxation from the University of Miami. He is a member of the Hillsborough County Bar Association, The Florida Bar (Business Law Section; Real Property, Probate and Trust Law Section), the Tampa Bay Bankruptcy Bar Association (president, Board of Directors) and the American Bankruptcy Institute.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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ACCREDITATION DETAILS:
Continuing Legal Education
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FL
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CLE:
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7.00
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Credit Approval Exp 11/03/2013
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Approved by The Florida Bar, this program may qualify for up to 7.0 general hours of CLER self-study credit including 1.0 hour of self-study ethics credit.
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Florida Registered Paralegal Program
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FL
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FLRPA:
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7.00
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Credit Approval Exp 05/03/2014
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This course will qualify for 7.0 hours of self-study continuing education for paralegals, including 1.0 hour of self-study ethics credit, toward the eligibility requirements of the Florida Registered Paralegal Program.
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National Association of Legal Assistants, Inc.
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N
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LA:
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6.00
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Credit Approval Exp 05/03/2014
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This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.
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National Federation of Paralegal Associations, Inc.
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N
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PAR:
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6.00
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Credit Approval Exp 05/03/2013
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This seminar has been approved by The National Federation of Paralegal Associations, Inc. (NFPA) for 6.0 hours of Continuing Legal Education self-study credit, including 1.0 hour of ethics.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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