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Overview
Tread Carefully... But Ensure Your Clients Get Paid
Winning a judgment against a bad debt doesn't necessarily mean cash in hand. Do you have the information you need to ensure payment of the debt - while keeping in compliance with strict guidelines governing consumer collections? Don't rush in unprepared. Maximize your chances of recovery with the practical solutions you'll gain at this definitive seminar. Register today!
- Uncover assets - including property - that can help you maximize monetary recovery.
- Stay in compliance: follow the guidelines governing actions permitted or restricted by the FDCPA.
- Learn effective (and legal!) ways to get the debtor's attention when moving forward with a lawsuit.
- Learn how to use wage garnishments and attachments to successfully collect judgments.
- Take the steps necessary to protect your client's rights when the debtor files for bankruptcy.
Abbreviated Agenda
- Pre-Suit Collection Strategies
- The Fair Debt Collection Practices Act
- Filing the Lawsuit - Developing Definitive Strategies
- Collecting the Judgment
- The Impact of Bankruptcy on Collections
- Avoiding Ethical Tangles in Collections
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
7.2 Total | 01-14-2027 |
| New York CLE |
|
7 Total | 04-23-2029 |
| Pennsylvania CLE |
|
6 Total | 04-23-2028 |
| West Virginia CLE |
|
7.2 Total | 04-23-2028 |
Select Jurisdiction
CLE
Agenda
-
Pre-Suit Collection Strategies
- How to Decide Whether to Pursue Collection
- Preventative Collection - Collecting Without Filing a Lawsuit
- Designing a Collections System
- How to Discover Assets - Finding Property From Which to Collect
- Q&A
-
The Fair Debt Collection Practices Act
- Statutory Background and Preemption
- Scope of the FDCPA
- Understanding the Actions Permitted or Restricted by the Act
- Liability and Defenses
- Q&A
-
Filing the Lawsuit - Developing Definitive Strategies
- Knowing the Debtor
- How to Effectively Get the Debtor's Attention
- Avoiding Counterclaims
- Obtaining Judgment
- Q&A
-
Collecting the Judgment
- Use of Judgment Liens on Real Property
- Use of Judgment Liens on Personal Property
- Self-Help Repossession
- Writs of Execution, Seize and Sale by Sheriff, Creditor Priority
- Wage Garnishment
- Attachments
- Exemptions by Debtor
- Fraudulent Conveyances
- Q&A
-
The Impact of Bankruptcy on Collections
- Steps to Take When a Debtor Files Bankruptcy
- Chapter 7 - Liquidation, Automatic Stay, Dischargeability
- Chapter 13 - Reorganization, Automatic Stay, Dischargeability
- Means Testing and "Abusive Filing"
- Exemption Planning
- 707(a) and 707(b) Dismissal
- Q&A
-
Avoiding Ethical Tangles in Collections
- Eliminating Ethical Problems From Your Practice
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- Attorneys' Fees
- Q&A
Who Should Attend
This basic-to-intermediate level online seminar will provide professionals with the legal framework to collect consumer debt. Those who should attend include:
- Attorneys
- Paralegals
- In-House Counsel
- Collections and Loan Officers
- Credit Managers
- Bankers
- Controllers
- Presidents/Vice Presidents
Speakers
Speaker bio
Matthew C. Samley
is a partner with the law firm of Appel Yost LLP in Lancaster. He practices in the areas of bankruptcy and creditors' rights, real estate, business transactions, small business formation, business buy-sell, estate planning and administration. Mr. Samley serves as parliamentarian for the Lancaster County Commercial and Industrial Real Estate Council. He is on the adjunct faculty for Harrisburg Area Community College in Lancaster, where he teaches a variety of courses in the Departments of Business Studies and Social Sciences. Mr. Samley frequently presents at professional education programs on landlord-tenant collection law, ethics, LLC formation, contracts, and bankruptcy. He is a member of the Business Law Section of the Pennsylvania Bar Association, Estate Planning Council of Lancaster County and the Eastern District of Pennsylvania Bankruptcy Conference. Mr. Samley serves on the Board of Directors of the Lancaster Bar Association and on an advisory board to the Lancaster County Community Foundation, a non-profit philanthropic. He earned his B.S. degree, cum laude, from Millersville University and J.D. degree from Dickinson School of Law.
Speaker bio
Shawn P. McClure
is a partner with Bernstein-Burkley, P.C., and is responsible for the management of the firm's commercial collection practice, including the filing and defense of mechanics' liens, foreclosure actions, replevins, involuntary bankruptcies and other credit related matters. He has been with the firm since graduating from law school at Duquesne University. Mr. McClure is a member of the Allegheny County Bar Association, Commercial Law League of America (Young Members Section - Executive Council) and has been named a Pennsylvania Rising Star in the area of Creditors' Rights & Bankruptcy for 2013 by Philadelphia Magazine.
Speaker bio
Benjamin P. Sheppard
is an associate with Eckert Seamans Cherin & Mellott, LLC, where he works on matters involving liquor law, cannabis law, and litigation. He handles a range of liquor law concerns, from distribution and contract production agreements to management and license agreements. In the rapidly evolving realm of cannabis law, Mr. Sheppard stands out for his deep insights into the intricate balance between state-specific and federal regulations governing both hemp and cannabis. His ability to navigate the nuances of the Pennsylvania industrial hemp research law makes him a valued advisor for individuals and businesses navigating this multifaceted law. Clients frequently turn to Mr. Sheppard for guidance in crafting drug testing policies and gaining clarity on the legal intricacies surrounding cannabis and hemp. He has advised both Pennsylvania and New Jersey individuals on their state's respective cannabis and hemp laws. Throughout his career, Mr. Sheppard has been involved in various aspects of the litigation process. Mr. Sheppard has drafted complex memorandums of law in both federal and state court, handled discovery requests, and handled trials from start to finish. Prior to joining Norris McLaughlin, Mr. Sheppard served as a judicial law clerk in the Northampton County Court of Common Pleas. He also worked for the Mid-Atlantic Innocence Project reviewing trial transcripts and drafting materials regarding the viability of innocence claims. Mr. Sheppard is a graduate of the George Washington University School of Law, where he was a member of the Public Contract Law Journal and was recognized with the GW Law Pro Bono Teal Award for completing over 50 hours of pro bono work during law school. He also graduated, summa cum laude, from the University of Pittsburgh with his B.A. degree in history and political science.
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