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Live Seminar

FDCPA and Collection Law

Seminar

Date:

Wednesday, March 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78185ER

Location:

Clarion Hotel

12601 W. 95th St

Lenexa, KS 66215

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KS CLE - 7.00
  • MO CLE - 7.20

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.
  • 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

Credit Hrs State
CLE 7.00 -  KS*
CLE 7.20 -  MO*

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, 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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

KS CLE: 7.00 Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 7.0 hours of continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.


MO CLE: 7.20 Includes - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 7.2 hours of CLE credit, which includes 1.2 hour of ethics, professionalism or malpractice prevention credit.


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.

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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