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| From Event: Collection Law From Start to Finish, held November 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-Suit Collection Strategies
- The Fair Debt Collection Practices Act
- Filing the Lawsuit - Developing Definitive Strategies
- Collecting the Judgment
- The Impact of Bankruptcy on Collections
- Avoiding Ethical Tangles in Collections
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 ME - Credit Approval Expiration 11/04/2012
* denotes specialty credits
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Agenda / Content Covered:
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- PRE-SUIT COLLECTION STRATEGIES
9:00 - 10:00, Samuel M. Sherry - 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
- THE FAIR DEBT COLLECTION PRACTICES ACT
10:00 - 10:30 and 10:45 - 11:15, Robert E. Mittel - Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
11:15 - 12:15, Stev Y. Parker - Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- COLLECTING THE JUDGMENT
1:15 - 2:15, Stev Y. Parker - 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 - 2:45 and 3:00 - 3:30, Samuel M. Sherry - 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, Robert E. Mittel - Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
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ROBERT E. MITTEL is a partner at the Portland law firm of MittelAsen, LLC, where his main practice areas include business litigation, copyright and trademark and civil rights. He has previous lecture experience within his areas of practice. Mr. Mittel earned his A.B. degree from the University of California at Berkeley and his LL.B. degree from Hastings College of Law. He is a past member of the Maine Board of Bar Overseers Grievance Commission and a past member of the Edward T. Gignoux Chapter Inn of Court, where he served as president from 1994-1995. Mr. Mittel is currently a member of the Cumberland and Maine State (member, Intellectual Property Law Section) bar associations, as well as a member of the State Bar of California. STEV Y. PARKER is a partner in the Portland law firm of Daggett & Parker where he concentrates his practice in collections. Mr. Parker received his B.A. degree from the University of Washington and his J.D. degree from the University of Maine School of Law. He has lectured to various professional groups on his area of practice. Mr. Parker is a member of the Maine State Bar Association, the National Association of Retail Collection Attorneys and the Commercial Law League of America. SAMUEL M. SHERRY is the principal of the Metropolitan Legal Center, P.A., located in Portland. His practice focuses on commercial litigation and collection and small business practice. Mr. Sherry is board certified as a creditors' rights specialist by the American Board of Certification. He was a law clerk for Bankruptcy Judge James B. Haines, Jr. (D. Me.) and also served in the chambers of Bankruptcy Judge Louise DeCarl Adler (S.D. Cal.). Mr. Sherry has tried state and federal lawsuits and appeals and practiced before the Maine Supreme Judicial Court. He earned his B.A. degree, cum laude, from the University of Connecticut and his J.D. degree, cum laude, from California Western School of Law. Mr. Sherry is admitted to the bars of Maine and Connecticut.
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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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ME
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CLE:
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6.00
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Credit Approval Exp 11/04/2012
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This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 6.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.
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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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