Audio CD + Course Book

FDCPA and Collection Law

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78180CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • MT CLE - 6.00
From Event: FDCPA and Collection Law, held March 2018.

Program Description

Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don't rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic instruction. Order today!

Course Content

  1. Fair Debt Collection Practices Act - What You Need to Know
  2. Locating Assets After the Judgment
  3. Collecting the Judgment - Methods That Work
  4. Bankruptcy's Implications on Collection Practices
  5. Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 MT - Credit Approval Expiration 03/15/2020 *


* denotes specialty credits

Agenda / Content Covered

  1. Fair Debt Collection Practices Act - What You Need to Know
    9:00 - 10:15, Matthew L. Erekson
    1. Persons and Transactions Covered
    2. Covered Communications
    3. How to Comply With the Act
      1. False, Deceptive and Misleading Representations Prohibited
      2. Unfair or Unconscionable Collection
      3. Verification of a Debt
      4. Furnishing Deceptive Forms
      5. "Mini-Miranda" Warning
      6. Mandated Disclosures Written for the "Least Sophisticated Consumer"
      7. Recent Developments
    4. Prohibited Conduct
    5. Enforcement
    6. State FDCPA Regulations
    7. Other Consumer Protections
  2. Locating Assets After the Judgment
    10:30 - 11:45, Nathan Fluter
    1. Informal Discovery
    2. Asset Information Available Publicly
      1. Motor Vehicle Records
      2. Financial Institution Records
      3. Real Estate Records
      4. Credit Bureau Reports
    3. Utilizing Valuable Internet Resources
    4. Using Investigators
    5. Using Supplemental Examinations for Asset Discovery
    6. Court Intervention and Assistance in Forcing Asset Disclosure
    7. Using Motions to Complete the Debtor's Compliance With Post-Judgment Discovery Requests
  3. Collecting the Judgment - Methods That Work
    12:45 - 2:00, Nathan Fluter
    1. Preference Payment Basics
    2. Wage and Bank Garnishments
    3. Property Execution
      1. Real Property
      2. Personal Property
    4. Dealing With Exemption Claims by the Debtor
    5. Receiverships
    6. Reaching Reasonable Settlements
    7. Installment and Lump Sum Payments
    8. Out of State Collections Strategies
    9. Turnover or Assignment Orders
    10. Disclosure Hearings
    11. Attachments
  4. Bankruptcy's Implications on Collection Practices
    2:00 - 3:15, Stuart R. Whitehair
    1. Steps to Take in the Event of Bankruptcy
    2. How to Deal With the Automatic Stay
    3. Protecting Your Claim in Bankruptcy
    4. Dealing With Avoidance Actions
    5. Discharge and Dischargeability of Debts
  5. Ethics
    3:30 - 4:30, Nathan Fluter
    1. Fees
    2. Candor With the Tribunal
    3. Dealing With Unrepresented Persons
    4. Unauthorized Practice of Law
    5. Harassment

MATTHEW L. EREKSON is a sole practitioner in Billings, Montana, where he focuses his practice in debt collection and prosecution. Mr. Erekson is also the deputy county attorney for Stillwater County (Columbus, Montana). He has been practicing for nearly a decade in collections and handles all legal issues for the Credit Service Company of Billings. Mr. Erekson has filed more lawsuits in Yellowstone County each year for the last five years than any attorney or any group of attorneys. He has previously lectured on the Indian Child Welfare Act and has taught the paralegal course at Montana State University - Billings for several years. Mr. Erekson received his B.A. degree from Brigham Young University and his J.D. degree from John Marshall Law School.

NATHAN FLUTER is an attorney with Collection Bureau Services, Inc., in Missoula, where he focuses his practice in insurance, personal injury, and products liability. He earned his B.S. degree from Oregon State University and his J.D. degree from the University of Montana School of Law. Mr. Fluter is a member of the American Bar Association, Defense Research Institute and the Montana Trial Lawyers Association.

STUART R. WHITEHAIR is a sole practitioner with Stuart R. Whitehair, P.C., where he focuses his practice in the areas of consumer bankruptcy, estate planning, wills, trusts and power of attorneys. He is a member of the State Bar of Montana and is licensed to practice in Montana and Colorado. Mr. Whitehair earned his B.A. and J.D. degrees from the University of Colorado – Boulder.

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

MT CLE: 6.00 Credit Approval Exp
03/15/2020
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.


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