Live Seminar

Collection Law: The Ultimate Guide

Seminar

Date:

Thursday, April 05, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78805ER

Location:

Holiday Inn Grand Rapids - Airport

3063 Lake Eastbrook

Grand Rapids, MI 49512

$349.00

$339 / Each Additional

$329 / New Professional

Registration Includes Course Book

Credit Information

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: Pre-Judgment: 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

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, Christopher B. Best and Stuart A. Best

  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 - 10:00, Christopher B. Best and Stuart A. Best

  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
10:15 - 11:45, Christopher B. Best and Stuart A. Best

  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: Pre-Judgment: How to Cleverly Collect Under the FDCPA, CFPB and TCPA
11:45 - 12:15, Christopher B. Best and Stuart A. Best

  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
1:15 - 1:45, Christopher B. Best and Stuart A. Best

  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 B. Best and Stuart A. Best

  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
3:00 - 3:30, Christopher B. Best and Stuart A. Best

  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, Christopher B. Best and Stuart A. Best

  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 B. BEST is an attorney with Weltman, Weinberg & Reis Co., LPA, in the firm’s Detroit office. Mr. Best practices in consumer collections where he regularly handles litigation related to credit card accounts, deficiency balances, and lines of credit. He has experience in international tax compliance and IRS collections. Mr. Best earned his B.S. degree, magna cum laude, from Central Michigan University and his J.D. degree from Case Western Reserve School of Law. He is a member of the State Bar of Michigan, the Oakland County Bar Association, and is a board member of the Michigan Creditors Bar Association.

STUART A. BEST is the managing partner of the Michigan litigation & defense, and real estate divisions of Weltman, Weinberg & Reis Co., LPA, which is the largest collections firm in the United States ranked by dollars collected. He and his associates litigate consumer and commercial finance defense litigation, commercial banking, business, and real property matters in both federal and state courts. Mr. Best is part of the integrated real estate default group, and handles complex legal foreclosure and title issues, as well as state law foreclosure compliance. He has a wealth of federal and state court experience and has handled many cases involving the appointment and representation of receivers, the Fair Debt Collection Practices Act, real estate, real estate title issues, landlord-tenant, Collection Practices Act defense, Michigan Lemon Law defense, insurance subrogation, and recoupment. Mr. Best has presented on the Consumer Financial Protection Bureau (CFPB) legislation and requirements, and Michigan foreclosure and collection law. Over the course of his career, he has also assisted clients with issues involving residential and commercial real estate/development, commercial leasing, landlord-tenant law, tax, administrative law, licensing, estate planning, and liquor commission issues, and rezoning. Mr. Best has also represented local and national talent in the entertainment industry. He formerly held his Michigan commercial and residential real estate broker license. Mr. Best is a member of the Oakland Bar Association, Greater Detroit Bar Association, and the State Bar of Michigan (member, Real Property Section). He earned his B.A. degree from the University of Michigan and his J.D. degree from Detroit College 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:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

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 - Business Law: 7.00
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 -- Business Law.

Can't Attend?
Purchase the Recording.

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702