Do you have a firm grasp of the legal procedures for collecting from businesses? This practical briefing not only provides commercial collection law fundamentals, but also guides you through the exact procedures for filing your claim and collecting on judgment. Get what's owed to your clients as smoothly and efficiently as possible with these proven collection techniques. Order today!

1. Prefiling Strategies
2. Turning Receivables into Cash
3. Filing the Lawsuit
4. Execution on Judgment - Ways to Collect
5. Piercing the Corporate Veil
6. Bankruptcy: From the Creditor's Perspective
7. Ethical Pitfalls in Collections

Continuing Education Credits:   

* denotes specialty credits

PREFILING STRATEGIES
9:00 - 10:00, Michael L. Powell

• What can be Learned from the FDCPA's Collection Standards (Even Though It Doesn't Govern Commercial Collection Actions)
• Determining Whether a Commercial Debtor is Worth Pursuing
• Locating and Notifying the Debtor
• Debt Settlement Negotiations
• The Effective Demand Process: Getting the Debtor's Attention

TURNING RECEIVABLES INTO CASH
10:00 - 11:00, Melanie H. Gangaware

• How the Rules Change for First-Party vs. Third-Party Debt Collection
• Preparing the File for the Collection Agency and Attorney
• Maximizing Third-Party Action Effectiveness
• Alternative Solutions to Collateral Liquidation

FILING THE LAWSUIT
11:15 - 12:15, Frederick L. Conrad Jr.

• Where to File the Lawsuit
• Constructing the Complaint
• Step-by-Step Procedures and Documents to File
• Being Prepared for Debtor Defenses, Default Judgments and Counterclaims
• Protecting the Collector's Rights When a Debtor Files for Bankruptcy
• Mandatory Mediation and Other ADR Methods
• Form of Judgment

EXECUTION ON JUDGMENT – WAYS TO COLLECT
1:15 - 2:15, Michael L. Powell

• Forms Needed to Collect the Judgment
• How to Discover Assets
• Installment and Lump Sum Payments
• Turnover or Assignment Orders
• Bank Attachments
• Use of Judgment Liens
• Receiverships
• Collecting Unsecured Credit
• Collecting from Legal Entities
• Correct Methods for Repossessing Collateral
• Collecting Municipal Judgment Liens and Code Enforcement Liens Reduced to a Money Judgment

PIERCING THE CORPORATE VEIL
2:15 - 2:45, Frederick L. Conrad Jr.

• Piercing the Corporate Veil
• Fraud Claims
• Fraudulent Transfers
• Uniform Fraudulent Transfer Act
• Other Equitable Remedies

BANKRUPTCY: FROM THE CREDITOR'S PERSPECTIVE
3:00 - 3:30, Melanie H. Gangaware

ETHICAL PITFALLS IN COLLECTIONS
3:30 - 4:30, Michael L. Powell

• Unethical Collection Letters and Phone Calls
• Fees and Interests Charged for Collection Activities
• Intermingling Activities of Collection Agency and Attorney
• The Ethical Line between Collection and Harassment

FREDERICK L. CONRAD JR. is an attorney in Knoxville, where he practices in the areas of collections, commercial law and litigation. He is a certified specialist in creditors' rights by the Commercial Law League of America and the Tennessee Commission on Continuing Education and Specialization. Mr. Conrad is a frequent speaker for the National Association of Credit Management and a past lecturer for National Business Institute. He earned his B.A. degree from Duke University and his J.D. degree from the University of Tennessee at Knoxville. Mr. Conrad is a member of the Knoxville and Tennessee bar associations, and the Commercial Law League of America.

MELANIE H. GANGAWARE heads the collection department at NACM - East Tennessee, overseeing third party commercial and retail collections and is a previous lecturer for National Business Institute in her areas of expertise. She earned her B.S. degree in general business at the University of Tennessee and holds a CBA certification from the National Association of Credit Management. Ms. Gangaware is a member of the American Collectors Association and has previously instructed the locally offered NACM Business Credit Principles Class.

MICHAEL L. POWELL is an attorney in the law firm of Ayres & Parkey, where he practices in legal malpractice defense, banking law, trusts and estates, wills, probate and civil litigation. Mr. Powell frequently lectures on his areas of practice, and teaches law and banking for the American Institute of Banking. He was a senior attorney for the FDIC, a member of the in-house counsel for SunTrust Bank for 11 years and is admitted to the Tennessee bars. Mr. Powell earned his B.A. degree from Carson-Newman College and his J.D. degree from the University of Tennessee.

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