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FDCPA and Collection Law

Audio CD + Course Book

Copyright Date:

March, 2018

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Audio + Course Book

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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

Credit Hrs State Credit Approval Expiration
CLE 6.00 KS * 03/27/2019
CLE 6.00 MO 03/28/2020

* denotes specialty credits

Agenda / Content Covered

  1. Fair Debt Collection Practices Act - What You Need to Know
    9:00 - 10:15, David Weimer
    1. Persons and Transactions Covered
    2. Covered Communications
    3. How to Comply With the Act
      1. Harassment
      2. False, Deceptive and Misleading Representations Prohibited
      3. Unfair or Unconscionable Collection
      4. Verification of a Debt
      5. Furnishing Deceptive Forms
      6. "Mini-Miranda" Warning
      7. Mandated Disclosures Written for the "Least Sophisticated Consumer"
      8. Recent Developments
    4. Enforcement
    5. State FDCPA Regulations
  2. Locating Assets After the Judgment
    10:30 - 11:45, Geoffrey W. Hetley
    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, Ronald S. Weiss
    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
    2:15 - 3:30, Susan Bratcher
    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, David Weimer
    1. Candor with the Tribunal
    2. Dealing with Unrepresented Persons
    3. Dealing with Represented Persons
    4. Unauthorized Practice of Law and Supervision of Non-Lawyer Staff
    5. Harassment

SUSAN BRATCHER is an attorney with Bratcher Legacy Estate Planning, LLC, where she practices in the areas of estate planning and bankruptcy. She earned her undergraduate degree from Rockhurst University and her J.D. degree from Southern Methodist University, Dedmon Law School. Ms. Bratcher also attended Oxford University, University College, Oxford, England for a summer program for law school. She is licensed to practice law in Kansas, Missouri, the District of Kansas in Federal Court and the Western District of Missouri in Federal Court.

GEOFFREY W. HETLEY is an attorney with Hetley Law Firm, P.A., and associated with Blitt & Gaines, P.C., where he has more than 25 years of experience in the field of creditors' rights and remedies. He does not represent debtors, but instead is firmly focused on serving the needs of businesses and credit grantors. Mr. Hetley practices in the area of business issues, drafting of contracts, credit agreements, Fair Debt Collection Act procedures, bankruptcy issues and collection matters. He has spoken at various seminars on topics related to creditors' remedies in both Kansas and Missouri, and has written many articles in the collection area, including editing and contributing to the Missouri Desk Book series. Mr. Hetley is licensed to practice law in both Kansas and Missouri, and appears regularly in court throughout the states of Kansas and Missouri. He earned his B.A. degree from the University of Kansas and his J.D. degree from Washburn University.

DAVID WEIMER is the chief compliance officer at Kramer & Frank, P.C., a law firm concentrating on creditors' rights and collections. Kramer & Frank, P.C., has offices in both St. Louis and Kansas City, and practices in Kansas, Missouri and Illinois. Since 1991, his practice has included the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumers' Protection Act, HIPAA, creditors' rights, various other consumer protection statutes, and related law. Mr. Weimer has defended law firms and collection agencies against consumer protection claims. He advises the firm and its clients on compliance and risk management in these extensively regulated disciplines. More recently, Mr. Weimer added the Consumer Financial Protection Bureau and UDAAP to his areas of practice. He is a member of The Missouri Bar, the bars of the U.S. District Court for the Western District of Missouri and the District of Kansas, the U.S. Circuit Court for the Eighth and Tenth circuits, the Kansas City Metropolitan Bar Association, and the Platte County Bar Association. Mr. Weimer is also a member of NARCA and is a past president of Missouri Creditors Bar, Inc. He earned his B.A. degree from Southwest Missouri State University (now Missouri State University) and his J.D. degree from Washington University.

RONALD S. WEISS is a partner in the Kansas City law firm of Berman, DeLeve, Kuchan & Chapman, L.C. He practices in the areas of bankruptcy and commercial litigation. Mr. Weiss wrote the chapter on general executions in The Missouri Bar Handbook and Attachments on Debtor/Creditors' Rights, and the chapter on bankruptcy in The Missouri Bar Practical Skills Handbook. He also is a contributing writer to The Missouri Bar Bankruptcy Practice Handbook. Mr. Weiss has been a lecturer for The Missouri Bar seminars and for the National Association of Credit Management in the Kansas City Bar Young Lawyers Trial Practice Program. He has served as chair of the Midwestern Bankruptcy Institute. Mr. Weiss is a member of The Missouri Bar, the American Bar Association, the Kansas City Metropolitan Bar Association, the Commercial Law League of America and the American Bankruptcy Institute. He earned his B.A. and J.D. degrees from the University of Missouri.

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


Accreditation Details:

Continuing Legal Education

KS CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 6.0 hours of prerecorded format continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit. No more than 6.0 hours of prerecorded format CLE may be earned in one compliance period.

MO CLE: 6.00 Credit Approval Exp
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

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