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. Identifying Fraudulent Conveyances
4. Asset Searches and the Judgment Debtor Exam
5. Post-Judgment Collection Strategies
6. Creditor Remedies Available in Bankruptcy
7. Averting Potential Ethical Problems in Collections

Fair Debt Collection Practices Act (FDCPA): Brief Overview
9:00 - 9:45, Shawn T. Biesiada

Collection Litigation and Motion Practice
9:45 - 10:45, Amy C. Holbrook

• 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
• Collection of Out of State Debt

Identifying Fraudulent Conveyances
11:00 - 12:00, Amy C. Holbrook

• Laws Governing Fraudulent Conveyance
• Proving the Principle Elements
• Litigation Strategies: Asserting and Defending Against Claims
• Remedies Available

Asset Searches and the Judgment Debtor Exam
1:00 - 1:30, Shawn T. Biesiada

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

Post-Judgment Collection Strategies
1:30 - 2:30, Shawn T. Biesiada

• 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

Creditor Remedies Available in Bankruptcy
2:45 - 3:30, Patricia Ann Kovacs

• 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, Patricia Ann Kovacs

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

SHAWN T. BIESIADA is an attorney in Toledo, Ohio, where his main areas of practice include collections, foreclosure, real estate and consumer law. He has spoken on collecting judgments for the Lucas County Bar Association and for National Business Institute. Mr. Biesiada has performed foreclosure work for development companies and local lenders, and collection work for the state attorney general's office in their revenue recovery department. He earned his B.A. degree, valedictorian, from the College of Business and his J.D. degree from the University of Toledo.

AMY C. HOLBROOK is an attorney in the litigation and defense department in the Cleveland office of Weltman, Weinberg & Reis Co., L.P.A. She earned her B.A. degree, with honors, from the Ohio Northern University and her J.D. degree from the University of Akron School of Law. Ms. Holbrook is licensed in Ohio and is a member of the Cleveland and Ohio State bar associations.

PATRICIA ANN KOVACS is a sole practitioner in Toledo, where her areas of practice include bankruptcy and debtors for individuals and businesses. Ms. Kovacs is licensed in federal and state courts for the Northern District of Ohio. She has lectured to various professional groups on the topic of bankruptcy, and is a former trustee on the panel for the Northern District of Ohio. Ms. Kovacs is a member of the National Association of Bankruptcy Trustees and the Ohio and Toledo (former chair of the Bankruptcy Committee) bar associations. She earned her B.A. degree, J.D. degree and Master’s degree in public administration from the University of Toledo.

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Phone: 866-240-1890

Email: credit@nbi-sems.com