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| From Event: Collection Law From Start to Finish, held October 2010.
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Program Description
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Even though they have tried multiple collection efforts, your clients still haven't been paid a debt they're owed. That's when they turn to you for help. However, debt collection today is nothing like it was in the past, and smart professionals know they tread a fine line. How can you get the money owed, while staying in compliance with the Fair Debt Collection Practices Act? We know – and can show you how. Order today!
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Course Content
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- Pre-Judgment Considerations
- Filing the Lawsuit - Developing Definitive Strategies
- Defending Against the Debt Collection Harassment Claim
- Collecting the Judgment
- The Impact of Bankruptcy on Collections
- Avoiding Ethical Tangles in Collections
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- PRE-JUDGMENT CONSIDERATIONS
9:00 - 10:00, Written by Brooke Trent. Presented by Jonathan E. Kramer in Des Moines and Brooke Trent in Cedar Rapids. - Review of Contracts (Personal Guarantees, Venue Provisions, Attorneys' Fees Provisions, Contract Interest Rate, Co-Borrowers, Required Notices)
- Review of " Collectability" (Business Entities, Risk of Bankruptcy, Exempt Assets, Other Judgments)
- Preventative Collections (Payment Plans, Wage Assignment, Judgment by Confession)
- Default Judgments
- Recommended Forms
- FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
10:00 - 10:45, Written by Jonathan E. Kramer. Presented by Jonathan E. Kramer in Des Moines and Christopher E. Pech in Cedar Rapids. - Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM
11:00 - 12:00, Written by Brooke Trent. Presented by Jonathan E. Kramer in Des Moines and Brooke Trent in Cedar Rapids. - Fair Debt Collection Practices Act and Iowa Debt Collection Practices Act
- Truth-in-Lending Disclosures
- Required Notices
- Motion to Quash Garnishments and Wage Garnishment Regulations
- Rule 11 Sanctions and Other Effective Defenses and Counterclaims
- Avoiding Incrimination Through Collector Documents and Messages
- Re-Opening Default Judgment
- Recommended Forms
- COLLECTING THE JUDGMENT
1:00 - 2:00, Written by Tim Van Vliet. Presented by Tim Van Vliet in Des Moines and Cedar Rapids. - Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff
- Wage Garnishment
- Attachments
- Exemptions by Debtor
- Fraudulent Conveyances
- THE IMPACT OF BANKRUPTCY ON COLLECTIONS
2:15 - 3:30, Written by Tim Van Vliet. Presented by Tim Van Vliet in Des Moines and Cedar Rapids. - Steps to Take When a Debtor Files Bankruptcy
- Chapter 7 – Liquidation, Automatic Stay, Dischargeability
- Chapter 13 – Reorganization, Automatic Stay, Dischargeability
- Means Testing and "Abusive Filing"
- Exemption Planning
- 707(a) and 707(b) Dismissal
- AVOIDING ETHICAL TANGLES IN COLLECTIONS
3:30 - 4:30, Written by Jonathan E. Kramer. Presented by Jonathan E. Kramer in Des Moines and Christopher E. Pech in Cedar Rapids. - Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys’ Fees
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JONATHAN E. KRAMER is an attorney with the law firm of Whitfield & Eddy, P.L.C., where he is a member of the Business and Banking Practice Group. He practices in the areas of banking and mortgage foreclosure and collections. Mr. Kramer has spoken on topics regarding mortgage foreclosure. He earned his B.S. degree from Iowa State University and his J.D. degree, with honors, from Drake University where he was a Dwight D. Opperman Scholar. Mr. Kramer is a member of the Iowa State Bar Association. (Des Moines location) CHRISTOPHER E. PECH is a partner in the law firm of Litow & Pech Law Office, P.C., where he practices in the area of collection law. He is a member of the National Association of Retail Collection Attorneys, the American Collectors Association (member attorney program), the Iowa State Bar Association and the Iowa Creditors Bar Association. Mr. Pech has spoken on collections topics for The "Debt Trap" Credit Counseling for Young Adults, Kirkwood Community College and The Iowa Association of Legal Assistants. He earned his B.S. degree from the University of Montana, his M.B.A. degree from St. Ambrose University and his J.D. degree from the University of Iowa College of Law. (Cedar Rapids location) BROOKE TRENT is an attorney at the law firm of Randall & Nelson, P.L.C., where her practice areas include adoption law, business law, collections law, commercial law and contacts. Ms. Trent earned her B.A. degree, summa cum laude, from Wartburg College and her J.D. degree from the University of Iowa College of Law. She is a member of the Black Hawk County and Iowa State (District 1B Representative, Executive Council, Young Lawyers Division) bar associations. (Cedar Rapids location) TIM VAN VLIET is an attorney with Wetsch Abbott & Osborn PLC, where he practices in the areas of debtor and creditor, collections and creditor bankruptcy. He is admitted to practice before the U.S. District Courts (Northern and Southern Iowa). Mr. Van Vliet is a member of the Iowa State Bar Association, the Iowa Federal Bar and the American Bankruptcy Institute. He earned his B.S. and J.D. degrees from Creighton University. (Des Moines and Cedar Rapids locations)
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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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| 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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