Audio CD + Course Book

Collection Law: The Ultimate Guide

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77502CDRA

Audio + Course Book

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From Event: Collection Law: The Ultimate Guide, held December 2017.

Program Description

Staying in regulatory compliance while attempting to collect a debt has never been more important! In this comprehensive and critical compliance guide; you'll walk step-by-step through the collection process, gain effective techniques AND ensure compliancy. Get the fundamental tools you need to legally collect debt, locate assets, garnish wages, attach liens and more - ALL while remaining compliant under the CFPB, FDCPA and TCPA. Order today!

Course Content

STEP #1: Debt Collection Process and Procedure Fundamentals
STEP #2: How Bankruptcy Affects Collections
STEP #3: How to Comply with the FDCPA, CFPB and State Law
STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB and TCPA
STEP #5: How to Obtain a Judgment
STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing and More
STEP #7: How to Avoid (and Handle) FDCPA Claims
STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 7.00 NY * 12/07/2019
CLE 6.00 PA * 12/07/2019

* denotes specialty credits

Agenda / Content Covered

STEP #1: Debt Collection Process and Procedure Fundamentals
9:00 - 9:45, Leona Mogavero

  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
9:45 - 10:15, Peter Meltzer

  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 - 11:15, Thomas R. Dominczyk and Shannon P. Miller

  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
11:15 - 12:00, J. Scott Watson

  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 - 1:45, Craig H. Fox

  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
1:45 - 2:30, Peter Meltzer

  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, Thomas R. Dominczyk and Shannon P. Miller

  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, Thomas R. Dominczyk and Shannon P. Miller

  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

THOMAS R. DOMINCZYK is a principal with the law firm of MauriceWutscher, where he practices in the areas of commercial litigation, consumer credit litigation, and bankruptcy. He focuses his practice on various aspects of financial services law, with an emphasis on consumer financial services litigation. Mr. Dominczyk is based in the firm's New Jersey office and supports the firm's litigation matters in its New York and Pennsylvania offices. He has successfully represented financial institutions and law firms throughout the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes. In addition to his litigation practice, Mr. Dominczyk represents national, regional, and local creditors in a variety of bankruptcy matters ranging from the defense of adversary actions to complex non-dischargeability litigation and preference defenses. He earned his B.A. degree, cum laude, from The College of New Jersey and his J.D. degree from Seton Hall University School of Law. Mr. Dominczyk is a member of the DBA International, National Association of Retail Collection Attorneys, national Mortgage Bankers Association, American Bankers Association, Conference on Consumer Financial Law, as well as the American, New Jersey State, Pennsylvania, and New York State bar associations. He is admitted to practice law in New Jersey, New York, and Pennsylvania, as well as in the U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the District of New Jersey; U.S. District Court for the Eastern, Middle, and Western Districts of Pennsylvania; and the U.S. District Court for the Northern, Western, and Southern Districts of New York.

CRAIG H. FOX is the managing shareholder of the Norristown, Montgomery County, Pennsylvania, law firm of Fox and Fox Attorneys at Law, P.C. He has substantial experience in the areas of collections, foreclosures, bankruptcy, real estate, commercial transactions, banking and commercial litigation. Mr. Fox actively represents numerous publicly traded and privately held companies, as well as individuals, in connection with their collection, real estate, and commercial transaction needs. He has led seminars on collection, real estate, title, business, and financing topics. Mr. Fox also is a licensed real estate broker for Realty Corporation of America and has served on the Montgomery County Realtor - Attorney Joint Liaison Committee. He is a member of the Pennsylvania and Montgomery bar associations. Within the Montgomery Bar Association, Mr. Fox served four consecutive terms as chairperson of the Collection, Foreclosure and Bankruptcy Committee; served as chairperson of the Debtor/Creditor Committee; was elected to serve on the Board of Directors; was appointed to serve on the Bench - Bar Committee; was appointed vice chair of the Business, Banking and Corporate Counsel Committee; and was appointed vice chair of the Professionalism Committee. He is a member of numerous committees of the Montgomery, Pennsylvania, and American bar associations, including the Business, Banking and Corporate Counsel, the Bankruptcy/Creditors and Debtors Rights, the Construction and Public Contract Law, the Franchising and the Real Estate committees. Mr. Fox graduated from Lafayette College and earned his J.D. degree from Villanova University School of Law.

PETER MELTZER is a partner at Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, where he represents national and local financial institutions, loan servicers, commercial landlords, title companies and equipment lessors. In connection with this representation, he handles commercial litigation, foreclosures, workouts, bankruptcies, debt collection, replevins, and any issues involving real estate, including title issues. Mr. Meltzer received his B.A., M.A. and J.D. degrees from Boston University, graduating magna cum laude each time. He has given many lectures on creditors' rights and real estate and is the author of numerous articles which have been cited by many courts.

SHANNON P. MILLER is senior counsel with the law firm of MauriceWutscher. He concentrates his practice in the areas of commercial litigation and consumer credit litigation. Mr. Miller has successfully represented financial institutions and law firms throughout the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes. He is admitted to practice law in Pennsylvania; U.S. District Court for the Eastern, Middle, and Western Districts of Pennsylvania; U.S. District Court for the Northern District of Illinois; and the U.S. Court of Appeals for the Third Circuit. Mr. Miller is a member of DBA International, national Mortgage Bankers Association, American Bankers Association, Conference on Consumer Finance Law, and the American Bar Association. He earned his B.A. degree from Wittenberg University and his J.D. degree from Widener University School of Law.

LEONA MOGAVERO is a principal at Friedman Schuman, P.C., where she concentrates her practice in the area of creditors' rights and bankruptcy. Ms. Mogavero has experience representing financial institutions and other lenders in negotiation and documentation of commercial loan workouts and restructures. She also has experience in real estate transactional matters. Ms. Mogavero has supervised and instructed associate attorneys and paralegal assistants in the handling of commercial and residential mortgage foreclosures, and is a frequent speaker at seminars for financial professionals and attorneys regarding loan workouts, collections, and bankruptcy. She is admitted to practice in the state of Pennsylvania, the Supreme Court of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. Ms. Mogavero is a member of the Pennsylvania and Philadelphia bar associations. She earned her B.A. degree, maxima cum laude, from LaSalle College and her J.D. degree from the University of Pennsylvania Law School.

J. SCOTT WATSON is the owner of J. Scott Watson, P.C., in Glen Mills, where his practice is devoted to collections, personal injury and general practice. He is a member of the Commercial Law League; the National Association of Retail Collection Attorneys; and is a partner in Collection Recovery Services, Inc., a collection agency in Glen Mills, Pennsylvania. Mr. Watson is a member of the Pennsylvania, Philadelphia and Delaware County bar associations, and the Pennsylvania Trial Lawyers Association. He earned his A.B. degree from Lafayette College and his J.D. degree from Widener University School of Law.

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:

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Accreditation Details:

Continuing Legal Education

NY CLE: 7.00 Credit Approval Exp
12/07/2019
Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


PA CLE: 6.00 Credit Approval Exp
12/07/2019
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


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