Agenda / Content Covered

1. Fair Debt Collection Practices Act - What You Need to Know
   9:00 - 10:00 Written and Presented by Martin S. Smith in Missoula and Billings
   
   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
2. Other Consumer Protections
   10:00 - 11:00 Written and Presented by Martin S. Smith in Missoula and Billings
   
   1. Consumer Credit Protection Act
   2. Truth in Lending Act
   3. Fair Credit Reporting Act
   4. Equal Credit Opportunity Act
   5. Financial Services Regulatory Relief Act of 2006
   6. State Laws
3. Locating Assets After the Judgment
   11:15 - 12:15 Written and Presented by Michael J. Moore in Missoula and Billings
   
   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
4. Collecting the Judgment - Methods That Work
   1:15 - 2:15 Written and Presented by Michael J. Moore in Missoula and Billings
   
   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
5. Bankruptcy's Implications on Collection Practices
   2:30 - 3:30 Written and Presented by Martin S. Smith in Missoula and Billings
   
   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
6. Ethics
   3:30 - 4:30 Written and Presented by Michael J. Moore in Missoula and Billings
   
   1. Fees
   2. Candor with the Tribunal
   3. Dealing with Unrepresented Persons
   4. Unauthorized Practice of Law
   5. Harassment

Accreditation Details:

MICHAEL J. MOORE has served as in-house counsel with Collection Bureau Services, Inc., in Missoula, Montana, for more than 20 years. He also serves as state chair of the Members' Attorney Program for the American Collectors Association, International, and has attained the designations of professional collection specialist and scholar within ACA International. He is a member of the Western Montana Bar Association and the State Bar of Montana, and is a former president of the Montana Collectors Association. He is a frequent presenter on collection topics for various professional and trade groups. Mr. Moore earned his B.S. and J.D. degrees from the University of Montana.

MARTIN S. SMITH is an attorney with the law firm of Felt, Martin, Frazier, & Weldon, P.C., where he advises and represents clients in all matters of business transactions, from organizing the business to winding up. He has advised clients in structuring financial and financial transactions, securities matters, regulatory matters, employee benefits, and other business matters. In addition to his transactional work, Mr. Smith represents creditors in litigation and bankruptcy matters. Mr. Smith has been a presenter for Montana CLEs for the last six years on a range of subjects, including debt collection, landlord-tenant law, business contracts, business succession planning, and conflict of interest transactions under the Montana Business Corporation Act. He earned his M.B.A. degree, with an emphasis in corporate finance, from the David Eccles School of Business at the University of Utah and his J.D. degree from the S.J. Quinney College of Law at the University of Utah.