Collection Law From Start to Finish - A Michigan Guide

Agenda / Content Covered

All times are shown in Eastern time

1. PRE-SUIT COLLECTION STRATEGIES
   9:00 - 10:00, Lana Escamilla and Staci Salisbury
   1. How to Decide Whether to Pursue Collection
   2. Preventative Collection - Collecting Without Filing a Lawsuit
   3. Designing a Collections System
   4. How to Discover Assets - Finding Property From Which to Collect
   5. Q&A
2. THE FAIR DEBT COLLECTION PRACTICES ACT
   10:00 - 11:00, Stuart Collis
   1. Statutory Background and Preemption
   2. Scope of the FDCPA
   3. Understanding the Actions Permitted or Restricted by the Act
   4. Liability and Defenses
   5. Q&A
3. FILING THE LAWSUIT - DEVELOPING DEFINITIVE STRATEGIES
   11:15 - 12:15, Lana Escamilla and Staci Salisbury
   1. Knowing the Debtor
   2. How to Effectively Get the Debtor's Attention
   3. Avoiding Counterclaims
   4. Obtaining Judgment
   5. Q&A
4. COLLECTING THE JUDGMENT
   1:15 - 2:15, Joel E. Grand
   1. Use of Judgment Liens on Real Property
   2. Use of Judgment Liens on Personal Property
   3. Self-Help Repossession
   4. Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
   5. Wage Garnishment
   6. Attachments
   7. Exemptions by Debtor
   8. Fraudulent Conveyances
   9. Q&A
5. THE IMPACT OF BANKRUPTCY ON COLLECTIONS
   2:30 - 3:30, Joel E. Grand
   1. Steps to Take When a Debtor Files Bankruptcy
   2. Chapter 7 - Liquidation, Automatic Stay, Dischargeability
   3. Chapter 13 - Reorganization, Automatic Stay, Dischargeability
   4. Means Testing and "Abusive Filing"
   5. Exemption Planning
   6. 707(a) and 707(b) Dismissal
   7. Q&A
6. AVOIDING ETHICAL TANGLES IN COLLECTIONS
   3:30 - 4:30, Stuart Collis
   1. Eliminating Ethical Problems From Your Practice
   2. Zealous Representation or Vexatious Practices
   3. Lawyer Liability
   4. Attorneys' Fees
   5. Q&A

STUART COLLIS is managing partner with Collis, Griffor & Hendra PC. Mr. Collis practices in the areas of collections/creditor's rights, civil litigation, commercial litigation, family law, divorce, child custody, paternity, criminal law, driver's license restoration and DUI/OWI/drunk driving. He is a trained mediator and has extensive experience with case evaluation procedures. He has also served on a number of state and national organizations, including NARCA, WCBA, MCBA, and the Michigan Department of Agriculture's Companion Animal Committee. Mr. Collis has been published extensively, including several republications. He has created and presented numerous educational sessions for interested organizations. Mr. Collis earned his B.A. degree from the University of Michigan and his J.D. degree, cum laude, from Western Michigan University.

LANA ESCAMILLA is a founding member and Partner of Escamilla & Salisbury, PLLC. She primarily focuses her practice on collection/creditor's rights, bankruptcy/ insolvency, civil litigation and probate law.  She represents a number of businesses, credit unions and banks throughout the State of Michigan and the United States. Ms. Escamilla serves as a court appointed guardian ad litem for individuals in need of guardianships and conservatorships in Kalamazoo County, Michigan. She is a member of the Kalamazoo County Bar Association, State Bar of Michigan (Business Law Section, Consumer Law Section, Litigation Section-Commercial Litigation Committee, Real Property Law Section, Probate & Estate Planning Section and Latin American Bar Activities), Steering Committee for the Bankruptcy Section of the Federal Bar Association of the Western District of Michigan and the American Bankruptcy Institute. Ms. Escamilla graduated from Lee Honors College at Western Michigan University, cum laude, and earned her J.D. degree from Michigan State University College of Law.

JOEL E. GRAND is a principal in the Farmington Hills law firm of Grand & Grand, PLLC. He has been an attorney for more than 26 years and focuses his practice on the areas of collections, landlord representation and construction litigation. Mr. Grand is a member of the State Bar of Michigan, all federal courts covering the State of Michigan, 6th Circuit Court of Appeals and the US Supreme Court. He is a member of the Michigan Creditors Bar Association. Mr. Grand earned his B.A. degree from Michigan State University and both a J.D. degree and a Master of Arts in Dispute Resolution degree from Wayne State University.

STACI SALISBURY is a founding member and partner of Escamilla & Salisbury, PLLC. She primarily focuses her practice on business transactions, creditor's rights, estate planning and probate. She is a member of Kalamazoo County Bar Association, State Bar of Michigan (Business Law Section, International Law Section, Probate & Estate Planning Section), American Bar Association, Business Law Section, International Law Section, Real Property, Trust & Estate Law Section, Federal Bar Association (Western District of Michigan, Eastern District of Michigan). Ms. Salisbury earned her A.A. degree from Kalamazoo Community College, her B.A. degree from Western Michigan University and her J.D. degree from Thomas M. Cooley Law School.