Agenda / Content Covered

1. STEP #1: Debt Collection Process and Procedure Fundamentals
   9:00 — 9:45, Donald McInnes
   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
2. STEP #2: How Bankruptcy Affects Collections
   9:45 — 10:30, Brian Heck
   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
3. STEP #3: How to Comply With the FDCPA, CFPB, and State Law
   10:45 — 12:00, Brian Heck
   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
4. STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB, and TCPA
   1:00 — 1:15, Donald McInnes
   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
   10. Recent Developments - CFPB Final Debt Collection Rules
5. STEP #5: How to Obtain a Judgment
   1:15 — 1:45, Paul Ludwig
   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?
6. STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing, and More
   1:45 — 2:30, Paul Ludwig
   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
7. STEP #7: How to Avoid (and Handle) FDCPA Claims
   2:45 — 3:30, Cassie Nielsen
   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
8. STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
   3:30 — 4:30, Cassie Nielsen
   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

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Brian C Heck is an attorney with Beckman Lawson, LLP, in Fort Wayne, Indiana. He has managed the firm's collections practice since 2007. Mr. Heck handles collection matters for several medical practices, law firms, insurance companies, retailers, and automobile dealerships in Northeast Indiana. He has also handled various commercial and construction litigation matters in both federal and state court, and has participated in arbitrations with local arbitrators and the American Arbitration Association. Mr. Heck has experience in handling mechanic's lien and condemnation matters, and represents a number of homeowners associations as well. He earned his bachelor's degree from the University of Minnesota and his J.D. degree, cum laude, from Indiana University School of Law.

Paul D Ludwig is a director in the Indianapolis law firm of Redman Ludwig, P.C., and has more than 30 years of experience in creditors' rights and collection litigation, representing national banks and corporations, as well as local businesses and individuals. His areas of practice include creditors' rights, general litigation and commercial law. Mr. Ludwig has been a lecturer for paralegal studies at Indiana University, National Business Institute and Purdue University at Indianapolis; and for many continuing legal education programs in the field of creditors' rights. He earned his B.A. degree, magna cum laude, from Indiana Central University and his J.D. degree, magna cum laude, from Indiana University School of Law.

Donald W McInnes is a partner with McNevin & McInnes, P.C. in Indianapolis. He has worked for over a decade practicing in community association law doing collections, foreclosures, and covenant enforcement. Mr. McInnes is experienced in contract law, personal injury and family law. He received his undergraduate degree from Indiana University-Purdue University at Indianapolis and obtained his J.D. degree from Indiana University. He is a member of Community Associations Institute (CAI) and has served on the Education Committee of its Central Indiana chapter.

 

Cassie A Nielsen is an attorney with Rubin Levin, P.C., where she focuses her practice on commercial collections, creditors' rights, and associated litigation. Ms. Nielsen is admitted to practice in Indiana and before the U.S. District Court for the Northern District of Indiana and the U.S. District Court for the Southern District of Indiana. She is a member of the Indiana State Bar Association and the Indianapolis Bar Association. Ms. Nielsen earned her B.A. degree from Hillsdale and J.D. degree from Indiana University Robert H. McKinney School of Law.