Live Seminar

Collection Law: The Ultimate Guide

Seminar

Date:

Thursday, April 12, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78804ER

Location:

Pan American Conference and Media Center

601 Poydras Street, 11th Floor

New Orleans, LA 70170

$349.00

$339 / Each Additional

$329 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • LA CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • IACET - 0.60

Program Description

COMPLIANCE: What Debt Collectors MUST Know NOW!

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. Register today for this timely program!

  • Avoid the swarm of new penalties and lawsuits under the FDCPA and CFPB.
  • Add attorney's fees to collection matters without being sued.
  • Steer clear of exposure to liability; know the FDCPA and recent changes.
  • Explore the CFPB's areas of focus, role and enforcement actions.
  • Review the statutory basis and case law surrounding the "Mini-Miranda" warning.
  • What type of property is subject to a lien? How do you attach a lien? Find out!
  • Review permitted vs. prohibited techniques under the FDCPA/CFPB.
  • Effectively locate assets, garnish accounts and attach liens.
  • Avoid sticky jurisdiction/venue issues when seeking judgment.
  • Stay up to date and compliant with the TCPA.
  • Understand how bankruptcy impacts collections.
  • Clearly define harassment, false, deceptive and misleading practices.

Who Should Attend

This basic level seminar is designed for attorneys. Debt collectors and paralegals will also benefit.

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 – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 7.00 *


* denotes specialty credits

Agenda / Content Covered

STEP #1: Debt Collection Process and Procedure Fundamentals
9:00 - 9:30, Blake E. Oakes

  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, Christopher T. Caplinger

  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, Evan Park Howell III

  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, Evan Park Howell III

  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, Blake E. Oakes

  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 - 2:45, Christopher T. Caplinger

  1. Basic Enforcement Processes and Procedures
  2. Filing Writs of Execution
  3. Effectively Locating Assets; Investigation Tips
  4. How to Seize Assets (Bank Accounts, Stocks, Retirement Accounts, Wages)
  5. 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
  6. Alternatives to Wage and Bank Garnishments
  7. Claims of Exemptions
  8. Third Party Claims of Ownership

STEP #7: How to Avoid (and Handle) FDCPA Claims
3:00 - 3:30, Stanley C. Kottemann Jr.

  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, Stanley C. Kottemann Jr.

  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

CHRISTOPHER T. CAPLINGER is a shareholder with Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, where he focuses on several practice areas including marine insurance coverage; bankruptcy, restructuring, and creditors’ rights; and oil and gas. He has significant experience acting as counsel for debtors, creditors, and creditor committees in Chapter 11 bankruptcy cases, including as counsel for the debtors in some of the largest bankruptcy cases filed in the Eastern and Western districts of Louisiana, as well as in the Southern District of Alabama. He also has extensive experience in prosecuting and defending avoidance actions and other litigation before bankruptcy courts. Mr. Caplinger received his B.A. degree from the College of William & Mary in Virginia, his M.A. degree from Loyola University, and his J.D. degree from Loyola University School of Law.

EVAN PARK HOWELL III is a sole practitioner with his law office in Metairie, Louisiana. In 1988, Mr. Howell began his broad bankruptcy practice when he clerked for the Honorable T.H. Kingsmill, Jr., U.S. Bankruptcy Judge for the Eastern District of Louisiana. In 1990, Mr. Howell began his private law practice. Since then, he has handled a range of bankruptcy matters for Chapter 11 debtors in possession, creditors' committees, debtors for Chapters 7 and 13, secured creditors, banks and financial institutions, unsecured creditors, and Chapter 7 bankruptcy trustees. Mr. Howell has also practiced in-house as associate general bank counsel for a multi-state bank. He has practiced before the U.S. Supreme Court; five federal courts of appeals; and bankruptcy courts in New York, New Jersey, Delaware, South Carolina, Louisiana, Mississippi, Texas, Illinois, Colorado, Montana, and Washington. He has been qualified as an expert witness for bankruptcy law and procedure in a federal district court. Mr. Howell has served and been appointed as a private mediator and arbitration judge. He has lectured on bankruptcy law for continuing legal education seminars, private clients, and for Tulane University's paralegal program and business school. Mr. Howell balances his bankruptcy law practice with collections, commercial transactions, and construction litigation. He is a principal with Authentic Title Co. for residential and commercial land transactions.

STANLEY C. KOTTEMANN JR. is the principal of the Kottemann Law Firm, located in Kenner, Louisiana. Since 1985, Mr. Kottemann has focused his practice on commercial and consumer debt collection services. He is a member of the Association American Collector Association, and the Louisiana, Texas and Jefferson Parish bar associations. Mr. Kottemann earned his B.S. degree from Louisiana State University, his M.B.A. degree from the University of New Orleans and his J.D. degree from Tulane University School of Law.

BLAKE E. OAKES is the managing attorney for The Oakes Law Firm, LLC, in Metairie, Louisiana. His firm specializes in collections and creditor's rights, but also has extensive experience in the areas of bankruptcy and commercial litigation. He has handled civil litigation for clients on a variety of matters with a particular expertise in recoveries on defaulted obligations, including notes, credit cards, open accounts and other consumer and commercial instruments. Mr. Oakes earned his B.A. degree in history from Louisiana State University and his J.D. degree from Southern University Law Center. His practice includes the entire state of Louisiana as he is admitted to practice before all Louisiana courts, state and federal. Mr. Oakes has presented at National Business Institute seminars in the past on various collection law topics, including pre-judgment activities, investigating and commencing an action, obtaining a judgment, ethical issues and defending against FDCPA claims. He is a member of the National Association of Retail Collection Attorneys (NARCA) and the American Bar Association.

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

Accreditation Details:

Continuing Legal Education

LA CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of 6.0 hours (based on a 60-minute credit hour) of credit, of which 1.0 hour will apply to ethics.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. Restate the Debt Collection Process. 2. State how bankruptcy impacts collections. 3. Recall how the CFPB impacts collections. 4. State two prejudgment techniques. 5. Describe how to locate debtor's assets. 6. State how to collect judgments. 7. State how to avoid FDCPA claims. 8. Describe ways to remain ethical while practicing collection law.

National Association of State Boards of Accountancy

N NAS: 7.00 Includes - Behavioral Ethics: 1.00, Business Law: 6.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic level program presented in a group live setting. No advanced preparation or prerequisites are required. Upon completion of this course, attendees should be able to: 1. Recall how the CFPB impacts collections. 2. Describe how to stay in compliance with the FDCPA. 3. Describe how to locate debtor’s assets. 4. State how to collect judgments. 5. State how to write an effective demand letter. 6. Describe how to stay in compliance with the TCPA. 7. Tell how to collect debts when the debtor is in bankruptcy. 8. Describe ways to remain ethical while practicing collection law. No advanced preparation or prerequisites are required. Field(s) of Study -- Behavioral Ethics; Business Law.

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Questions


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Mail: NBI
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