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| From Event: Advanced Collection Strategies, held February 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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- Pre-Suit Collection Strategies
- Case Law Update
- Post-Judgment Collection: Getting Consumer Debtors to Pay
- Defending Against the Debt Collection Harassment Claim
- Bankruptcy During Collections
- Ethical Considerations During the Collection Process
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Continuing Education Credits:
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National Association of Legal Assistants, Inc. - NALA: 6.00 National - Credit Approval Expiration 02/09/2014
* denotes specialty credits
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Agenda / Content Covered:
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PRE-SUIT COLLECTION STRATEGIES 9:00 -10:00, Jan I. Berlage - How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
CASE LAW UPDATE 10:00 - 11:00, Edward J. Hagan POST-JUDGMENT COLLECTION: GETTING CONSUMER DEBTORS TO PAY 11:15 - 12:15, Edward J. Hagan - 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
DEFENDING AGAINST THE DEBT COLLECTION HARASSMENT CLAIM 1:15 - 2:15, Jan I. Berlage - 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 BANKRUPTCY DURING COLLECTIONS 2:15 - 3:15, Jill D. Caravaggio - 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
ETHICAL CONSIDERATIONS DURING THE COLLECTION PROCESS 3:30 - 4:30, Jill D. Caravaggio - Collection Letters
- Misrepresentation
- Intermingling Activities of Collection Agency and Attorney
- Harassment
- Attorneys' Fees
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JAN I. BERLAGE is a partner with the law firm Gohn, Hankey & Stichel, LLP, where his practice focuses on general business litigation, ranging from commercial disputes to bankruptcy and civil rights litigation. He has experience in trials, arbitrations, mediations and administrative hearings in both federal and state court, including arguments before the Maryland Court of Appeals and the U.S. Court of Appeals for the 4th Circuit. Prior to private practice, Mr. Berlage served as law clerk to the Hon. E. Stephen Derby, U.S. Bankruptcy Court for the District of Maryland. He has taught pretrial litigation practice at the University of Maryland, School of Law, and served on the Board of Governors for the Maryland State Bar Association. Mr. Berlage is a member of the Connecticut, New York State and Maryland State Bar Associations and District of Columbia Bar, as well as numerous federal courts, including the U.S. Supreme Court. He has chaired numerous committees for the ABA Young Lawyers Division, including its Ethics and Professionalism, Bankruptcy, and Individual Rights and Responsibilities committees. Mr. Berlage earned his B.A. degree, with honors, from the Wesleyan University and his J.D. degree from the University of Virginia School of Law. JILL D. CARAVAGGIO is an attorney at the Law Office of Jill D. Caravaggio, where her practice areas include litigation with emphasis on creditor's rights and commercial collections including the Miler Act and mechanics' lien claims. Ms. Caravaggio has been admitted to the Maryland bar since 1987 and the District of Columbia and Virginia bars since 1989. She has previously spoken for National Business Institute on collection related topics. Ms. Caravaggio is a member of the Montgomery County Bar Association, Maryland/District of Columbia Creditor's Bar Association, District of Columbia Bar, Virginia Bar Association, Frederick County Bar and Maryland State Bar Association, Inc. She earned her B.A. and J.D. degrees from the University of Maryland. EDWARD J. HAGAN practices in the fields of commercial and retail law with an emphasis on creditors' rights litigation. Mr. Hagan was formerly employed by the District Court of Maryland for Allegany County for two and one-half years, where he worked closely with several judges and inaugurated the use of mediation-facilitation methods for small claims and interpersonal disputes. A chartered financial analyst, he was a portfolio manager for high yield corporate credits and special situation equity, and has significant experience in the management of institutional investment operations. Mr. Hagan is a frequent lecturer in his area of expertise and also has been a contributor to the Western Maryland Law Journal, writing on the history and policy of Maryland interspousal tort immunity (abolished 2004) and Maryland protective orders, as well as two recent biographies of President Lincoln. He earned his B.A. degree from the University of Pennsylvania, his M.B.A. degree from Columbia Business School and his J.D. degree from Catholic University of America.
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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:
National Association of Legal Assistants, Inc.
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LA:
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6.00
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Credit Approval Exp 02/09/2014
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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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| 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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