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, along with valuable sample forms and materials. Order today!

1. Fair Debt Collection Practices Act (FDCPA): Brief Overview
2. Collection Litigation and Motion Practice
3. Asset Searches and the Judgment Debtor Exam
4. Post-Judgment Collection Strategies
5. Domestication and Collection of Foreign Judgments: Avoiding Pitfalls
6. Creditor Remedies Available in Bankruptcy
7. Averting Potential Ethical Problems in Collections

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

Fair Debt Collection Practices Act (FDCPA): Brief Overview
9:00 - 10:00, Robert Kaiden

Collection Litigation and Motion Practice
10:00 - 11:00, Lewis N. Jones

• 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

Asset Searches and the Judgment Debtor Exam
11:15 - 12:00, Lewis N. Jones

• Asset Searches: Non-Judicial and Judicial 
• Judgment Debtor Exam: Procedures, Service Requirements, Conducting the Exam

Post-Judgment Collection Strategies
1:00 - 1:45, John A. Swann

• 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: Procedures and Creditor Priority
• Garnishment of Wages or Other Property
• Assignment Orders
• Deficiency Actions
• Exemptions of Debtor

Domestication and Collection of Foreign Judgments: Avoiding Pitfalls
1:45 - 2:15, John A. Swann

• Filing Requirements
• Notice Requirements
• Stay of Enforcement
• Time Limitations for Enforceability

Creditor Remedies Available in Bankruptcy
2:30 - 3:30, John A. Swann

• 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

Averting Potential Ethical Problems in Collections
3:30 - 4:30, Lewis N. Jones

• Conflicts of Interest
• Dealing With Unrepresented Persons
• The Extent of Lawyer Liability

LEWIS N. JONES is a partner in the Atlanta law firm of Jones, Morrison & Womack, P.C., concentrating his practice in the areas of consumer collection law, creditors' bankruptcy law and real estate foreclosure law. He is the author of "Georgia Legal Collections" (Thomson West Publishing). Mr. Jones earned his B.B.A. degree from the University of Georgia and his LL.B. degree from Woodrow Wilson College of Law. He is a member of the State Bar of Georgia and the Lawyers Club of Atlanta.

ROBERT KAIDEN is a member of the law firm of Kaiden & Kaiden, L.L.C., where his areas of practice include federal Fair Debt Collections Practices Act, the federal Fair Credit Reporting Act, the federal Fair Credit Billing Act, the federal Consumer Leasing Act, the Georgia Fair Business Practices Act, and the defense of consumers in collection actions, vehicle repossessions and bankruptcy litigation. Mr. Kaiden is committed to the zealous representation of the Georgia consumer. He earned his B.A. degree from Chapman University in Orange, California and his J.D. degree from Western State University College of Law in Fullerton, California. Mr. Kaiden is a member of the State Bar of Georgia.

JOHN A. SWANN is a partner in the law firm of Freisem, Macon, Swann & Malone, LLP, in Atlanta, where his primary areas of practice are retail and commercial collections. He earned his B.A. degree from John B. Stetson University and his J.D. degree from Emory University. Mr. Swann is a member of the State Bar of Georgia (Creditor's Right Section). Since 1999, he has served as Special Assistant Attorney General for the state of Georgia involved in the collection of past due individual income and sales taxes.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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