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| From Event: Collection Law From Start to Finish, held March 2011.
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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 MT - Credit Approval Expiration 03/16/2013
* denotes specialty credits
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Agenda / Content Covered:
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- PRE-SUIT COLLECTION STRATEGIES
9:00 - 10:00, Written by Scott M. Radford. Presented by Michael J. Moore in Billings and Scott M. Radford in Missoula. - 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
10:15 - 11:15, Written by Martin S. Smith. Presented by Martin S. Smith in Billings and Missoula. - 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, Written by Michael J. Moore. Presented by Michael J. Moore in Billings and Scott M. Radford in Missoula. - Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- COLLECTING THE JUDGMENT
1:15 - 2:15, Written by Michael J. Moore. Presented by Michael J. Moore in Billings and Peter F. Carroll in Missoula. - 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, Creditor Priority
- Wage Garnishment
- Attachments
- Exemptions by Debtor
- Fraudulent Conveyances
- THE IMPACT OF BANKRUPTCY ON COLLECTIONS
2:30 - 3:30, Written by Martin S. Smith. Presented by Martin S. Smith in Billings and Missoula. - 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 Peter F. Carroll. Presented by Martin S. Smith in Billings and Peter F. Carroll in Missoula. - Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
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PETER F. CARROLL is a sole practitioner in Kalispell, where he focuses his practice in family law, collections, contract law, and real estate. He has been practicing law in northwest Montana since 1994. Mr. Carroll earned his B.S. degree from the University of Montana and his J.D. degree from the University of Montana School of Law in 1987. He is a member of the State Bar of Montana. (Missoula location) MICHAEL J. MOORE is in-house counsel with the Collection Bureau Services Inc. in Missoula. Prior to joining the firm, he handled the Bureau's account in private law practice. He is certified by the Associated Credit Bureaus, Inc., in the areas of the Fair Debt Collection Practices Act and Fair Credit Reporting Act. Mr. Moore earned his B.S. and J.D. degrees from the University of Montana. He has previously lectured on collections topics for various professional and trade groups. He is a member of the State Bar of Montana, the Western Montana Bar Association and the American Collectors Association (member, Attorney Program). He is the past president of the Montana Collectors Association. (Billings location) SCOTT M. RADFORD is a sole practitioner in Great Falls where he concentrates his practice on debtor/creditor rights and has represented creditors in bankruptcy cases. He also practices in landlord/tenant law and subrogation. Mr. Radford has written various works on his areas of practice. He earned his B.A. degree from the University of California and his J.D. degree from Northrop University. He is an inactive member of the California bar, and is an active member of the Commercial Law League, the Cascade County Bar Association, and the Montana Bar Association. (Missoula location) MARTIN S. SMITH is an attorney with the law firm of Felt, Martin, Frazier & Weldon, P.C. Mr. Smith earned his M.B.A. degree, with an emphasis in corporate finance, from the David Eccles School of Business at the University of Utah and his J.D. degree from the S.J. Quinney College of Law at the University of Utah. He worked for Crowley Fleck (then Crowley Haughey Hanson Toole & Dietrich) for one year before joining his current law firm. Mr. Smith advises and represents creditors in bankruptcy and collection matters. In addition, he advises new businesses, banks, and other entities in all manner of corporate and commercial transactions. (Billings and Missoula 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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ACCREDITATION DETAILS:
Continuing Legal Education
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MT
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CLE:
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6.00
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Credit Approval Exp 03/16/2013
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This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 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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