Agenda / Content Covered

STEP #1: Debt Collection Process and Procedure Fundamentals
9:00 - 9:30, Michael J. Champlin

1. The Debt Collection Process Framework
2. Who, What, Where, When, Why and How?
3. Principles and Methods of Collections
4. Essential Collection Procedures
5. Sample Collection Flowchart/Matrix

STEP #2: How Bankruptcy Affects Collections
9:30 - 10:15, Erik W. Fox

1. Bankruptcy Basics: Automatic Stay, Discharge, etc.
2. How the Different Creditors are Prioritized
3. Working with the Trustee
4. Bankruptcy Cases That Pose Risk
5. Filing of Inaccurate or False Proofs of Claims
6. Responding to Preference Claim
7. Bankruptcy Code Changes Affecting Creditors

STEP #3: How to Comply with the FDCPA, CFPB and State Law
10:30 - 11:30, Michael J. Champlin

1. Persons/Transactions/Communications Covered
2. Who is a "Debt Collector"?
3. Defining Harassment, False, Deceptive and Misleading Practices
4. "Mini-Miranda" Warning: Statutory Basis and Case Law
5. "Least Sophisticated Consumer" Standard
6. Reform Efforts, Trends and Changes
7. Complying with CFPB Regulations, Rules and Orders
8. Interplay of CFPB, FDCPA and State Laws
9. Update: CFPB's Role, Reach of Authority and Aggressive Enforcement
10. Recent Case Law
11. Top CFPB/FDCPA Complaints
12. TCPA and FTC Compliance
13. Overview of Critical State Laws, Rules and Regulations

STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB and TCPA
11:30 - 12:00, David S. Musgrave

1. Verification of Debt
2. Telephone Calls; Voice Mails
3. Notices and Forms
4. Effective Demand Letters; Envelopes
5. Social Media and Email
6. Faxing Fundamentals
7. Third-Party Communication
8. Other Pre-Suit Collection Strategies
9. How to Discuss Possible Litigation with Debtor

STEP #5: How to Obtain a Judgment
1:00 - 1:30, David G. McKennett

1. When Should a Judgment be Considered?
2. Choosing Court to File Suit in - Jurisdiction/Venue Issues
3. Court Proceedings; Process and Procedure
4. Other FDCPA Issues
5. Serving the Claim
6. Notice of Motion for Default Judgment
7. What if a Defense is Filed?

STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing and More
1:30 - 2:30, David G. McKennett

1. Basic Enforcement Processes and Procedures
2. Out of State Enforcement
3. Locating Places of Employment
4. Filing Writs of Execution
5. Effectively Locating Assets; Investigation Tips
6. How to Seize Assets (Bank Accounts, Stocks, Retirement Accounts, Wages)
7. How to Attach a Lien on Property
   1. Personal or Real?
   2. What Type of Property is Subject to a Lien Under State Law?
   3. What Type of Property to Attach?
   4. How to do That and Samples?
   5. Priority of Liens
8. Alternatives to Wage and Bank Garnishments
9. Claims of Exemptions
10. Third Party Claims of Ownership
11. Collecting on Intangibles
12. Piercing the Single Member LLC Veil; The Alter Ego
13. Self-Employed Debtors

STEP #7: How to Avoid (and Handle) FDCPA Claims
2:45 - 3:30, David S. Musgrave

1. Top FDCPA Violations/Claims
2. Mechanics, Process and Procedures
3. Debtor vs. Creditor Rights in a Lawsuit
4. Debt Collector Documentation
5. Defending the FDCPA Action
6. Proving/Disproving Damages

STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
3:30 - 4:30, David S. Musgrave

1. Defining When an Attorney is a "Debt Collector"
2. Adding Attorney's Fees to Collection Matters Without Being Sued
3. When are You Entitled to Attorney Fees?
4. Collection of Filing Fees and Pre-Judgment Interest
5. Reporting Professional Misconduct
6. Account Management Best Practices
7. Billing, Credit Policy Best Practices
8. Harassment

MICHAEL J. CHAMPLIN is a partner in the Richmond law firm of Bowen, Champlin, Foreman & Rockecharlie where his main areas of practice are collections, personal injury, and bankruptcy. Mr. Champlin teaches at the University of Richmond School of Continuing and Professional Studies. He has shared his legal knowledge with students as an adjunct professor at the University of Richmond for 25 years. Mr. Champlin is a member of the Richmond, Henrico County, and Chesterfield bar associations; and the Virginia State Bar. He earned his B.A. degree from Wake Forest University and his J.D. degree from Cumberland School of Law of Samford University.

ERIK W. FOX is a shareholder in the law firm of Rees Broome, PC. Mr. Fox represents age-restricted communities, condominium and homeowners’ associations, bankruptcy creditors, and businesses undergoing Chapter 11 reorganization. He is admitted to practice law in Virginia and West Virginia, and is a member of the Community Associations Institute and the Virginia State Bar. Mr. Fox earned his B.S. degree from Virginia Tech and his J.D. degree from Regent University College of Law.

DAVID G. McKENNETT is a managing partner with Purnell McKennett & Menke PC. Mr. McKennett focuses his practice on residential and commercial landlord/tenant issues and litigation, collections, debt negotiation and settlement, business, construction, corporate, real estate litigation, and general civil litigation. He received his B.A. degrees, summa cum laude, from Patrick Henry College and his J.D. degree from George Mason University. Mr. McKennett handled most of his firms collection practice from 2005-2013. During that time, he handled thousands of collection matters and litigated hundreds of collection trials throughout Northern Virginia. Mr. McKennett now manages the firm’s collection practice, supervises and trains the firm's collection attorneys and paralegals, and handles many of his firms larger litigation matters. He is a member of the Virginia State Bar Association, Prince William County Bar Association, Christian Legal Society, Federalist Society, the Alliance Defending Freedom and the Blackstone Fellowship.

DAVID S. MUSGRAVE is a member in the law firm of Gordon Feinblatt, LLC, where he practices in the areas of bankruptcy law, creditors' rights law, commercial finance, and real estate law. He has spoken to various business and professional groups on real estate law and other various issues. Mr. Musgrave earned his B.S. degree from the University of Pennsylvania and his J.D. degree, with honors, from the University of Maryland School of Law. He is admitted to practice in Maryland, Virginia, and the District of Columbia.