Live Seminar

FDCPA and Collection Law

Seminar

Date:

Thursday, March 15, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78180ER

Location:

Holiday Inn Missoula Downtown

200 South Pattee

Missoula, MT 59802

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • MT CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • IACET - 0.60

Program Description

Ensure You Are Collecting Legally and Effectively

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 seminar. Enroll today!

  • Avoid collection activities that violate the FDCPA and/or state laws.
  • Learn best practices for discovering debtor assets both pre- and post-judgment.
  • Recognize what provisional and final remedies are available to creditors to collect what is owed.
  • Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
  • Know the creditor's rights when collecting debt and when the debtor files for bankruptcy.
  • Remain up to date with the latest ethical considerations surrounding debt collection practices.

Who Should Attend

This basic-to-intermediate level course will provide professionals with the legal framework to collect debt. Those who should attend include:

  • Attorneys
  • Paralegals
  • Collections and Loan Officers
  • Credit Managers
  • Bankers
  • Controllers
  • Accounts Receivable Personnel
  • Accountants

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 *

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

  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 Includes - Ethics: 1.00
Approved for 6.0 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of 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. List from recall two types of communication methods that violate the FDCPA. 2. Explain best practices for utilizing the internet to locate assets after the judgment. 3. Identify when and how to utilize a wage or bank garnishment when collecting the judgment. 4. Describe how a bankruptcy's automatic stay can impact your claim. 5. List at least two best practices to avoid ethical dilemmas when dealing with unrepresented persons.

National Association of State Boards of Accountancy

N NAS: 7.00 Includes - Administrative Practice: 6.00, Regulatory Ethics: 1.00
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 to intermediate level program presented in a group live setting. Accountants should have a basic understanding of procedures for legally collecting debt. Upon completion of this course, attendees should be able to: 1. Avoid collection activities that violate the FDCPA and/or state laws. 2. Use best practices for discovering debtor assets both pre- and post-judgment. 3. Recognize what provisional and final remedies are available to creditors to collect what is owed. 4. Follow the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection. 5. Identify the creditor’s rights when collecting debt and when the debtor files for bankruptcy Field(s) of Study -- Regulatory Ethics; Administrative Practice.

Can't Attend?
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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