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. Collection of Out-of-State Debt
7. Domestication and Collection of Foreign Judgments: Avoiding Pitfalls
8. Creditor Remedies Available in Bankruptcy
9. Averting Potential Ethical Problems in Collections

Continuing Education Credits:   

* denotes specialty credits

Fair Debt Collection Practices Act (FDCPA): Brief Overview
9:00 - 9:30, Richard A. Slottee

Collection Litigation and Motion Practice
9:30 - 10:30, John R. Bachofner and Russell D. Garrett

• 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

Identifying Fraudulent Conveyances
10:45 - 11:15, John R. Bachofner and Russell D. Garrett

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

Asset Searches and the Judgment Debtor Exam
11:15 - 11:35, Richard A. Slottee

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

Post-Judgment Collection Strategies
11:35 - 12:30, John R. Bachofner and Russell D. Garrett

• 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

Collection of Out-of-State Debt
1:30 - 1:50, John R. Bachofner and Russell D. Garrett

Domestication and Collection of Foreign Judgments: Avoiding Pitfalls
1:50 - 2:20, John R. Bachofner and Russell D. Garrett

• Filing Requirements
• Notice Requirements
• Stay of Enforcement
• Time Limitations for Enforceability

Creditor Remedies Available in Bankruptcy
2:20 - 3:15, John R. Bachofner and Russell D. Garrett

• 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, John R. Bachofner and Russell D. Garrett

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

JOHN R. BACHOFNER is a shareholder in the Vancouver office of Bullivant Houser Bailey PC, with offices in Oregon, Washington, California and Nevada. He practices in the areas of Oregon and Washington business litigation, bankruptcy, creditors' rights and insurance coverage. Mr. Bachofner is an author and lecturer at seminars, insurance and bar-sponsored events on topics relating to his areas of practice. He is a member of the Oregon State Bar, the Washington State Bar Association and the Multnomah County and Clark County bar associations. Mr. Bachofner earned his B.A. degree from Pacific Lutheran University and his J.D. degree, cum laude, from the University of Puget Sound School of Law.

RUSSELL D. GARRETT is a shareholder with Bullivant Houser Bailey PC's, Vancouver, Washington office. His practice focuses on creditors' rights, bankruptcy, commercial and bankruptcy litigation and real estate matters. Mr. Garrett is admitted to practice in Oregon, Washington, the Federal district bars in Oregon and Washington, the U.S. Court of Appeals for the 9th Circuit Court and the Supreme Court of the U.S. He represents creditors and bankruptcy trustees and also serves as a Chapter 7 panel trustee for the Western District of Washington. Mr. Garrett speaks and trains others on practice issues relating to creditors' rights, bankruptcy and insolvency matters in Oregon and Washington. He has written many articles relating to creditor issues. Mr. Garrett has served on the executive committees for both the Washington Bar Debtor-Creditor Section and The Oregon State Bar Debtor-Creditor Section, and serves as a delegate to the Oregon State Bar House of Delegates. He earned his B.S. degree from the University of Oregon and his J.D. degree from Willamette University College of Law, where he served as a member of the Law Review.

RICHARD A. SLOTTEE is a professor and the director of the Lewis and Clark Legal Clinic of Northwestern School of Law in Portland, a teaching clinic for the law school, where students assist in the representation of low-income individuals in a variety of areas. Mr. Slottee teaches a consumer law class and is a frequent speaker on consumer law issues including the FDCPA. He earned both his B.S. and J.D. degrees from the University of Oregon.

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