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Overview
COMPLIANCE: What Debt Collectors MUST Know NOW!
Staying in regulatory compliance while attempting to collect a debt has never been more important! In this comprehensive and critical compliance guide, you'll walk step by step through the collection process, gain effective techniques, AND ensure compliance. Get the fundamental tools you need to legally collect debt, locate assets, garnish wages, attach liens, and more - ALL while remaining compliant under the CFPB, FDCPA and TCPA. Register today for this timely program!
- Avoid the swarm of new penalties and lawsuits under the FDCPA and CFPB.
- Add attorney's fees to collection matters without being sued.
- Steer clear of exposure to liability; know the FDCPA and recent changes.
- Explore the CFPB's areas of focus, role, and enforcement actions.
- Review the statutory basis and case law surrounding the "Mini-Miranda" warning.
- What type of property is subject to a lien? How do you attach a lien? Find out!
- Review permitted vs. prohibited techniques under the FDCPA/CFPB.
- Effectively locate assets, garnish accounts, and attach liens.
- Avoid sticky jurisdiction/venue issues when seeking judgment.
- Stay up to date and compliant with the TCPA.
- Understand how bankruptcy impacts collections.
- Clearly define harassment, false, deceptive, and misleading practices.
Abbreviated Agenda
- STEP #1: Debt Collection Process and Procedure Fundamentals
- STEP #2: How Bankruptcy Affects Collections
- STEP #3: How to Comply With the FDCPA, CFPB, and State Law
- STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB, and TCPA
- STEP #5: How to Obtain a Judgment
- STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing, and More
- STEP #7: How to Avoid (and Handle) FDCPA Claims
- STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Indiana CLE |
|
6 Total |
| Indiana Paralegal CLE |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
STEP #1: Debt Collection Process and Procedure Fundamentals
- The Debt Collection Process Framework
- Who, What, Where, When, Why, and How?
- Principles and Methods of Collections
- Essential Collection Procedures
- Sample Collection Flowchart/Matrix
-
STEP #2: How Bankruptcy Affects Collections
- Bankruptcy Basics: Automatic Stay, Discharge, etc.
- How the Different Creditors are Prioritized
- Working With the Trustee
- Bankruptcy Cases That Pose Risk
- Filing of Inaccurate or False Proofs of Claims
- Responding to Preference Claim
- Bankruptcy Code Changes Affecting Creditors
-
STEP #3: How to Comply With the FDCPA, CFPB, and State Law
- Persons/Transactions/Communications Covered
- Who is a "Debt Collector"?
- Defining Harassment, False, Deceptive, and Misleading Practices
- "Mini-Miranda" Warning: Statutory Basis and Case Law
- "Least Sophisticated Consumer" Standard
- Reform Efforts, Trends, and Changes
- Complying With CFPB Regulations, Rules, and Orders
- How State "Mini-FDCPA" Laws Can Expand Federal Requirements
- Update: CFPB's Role, Reach of Authority, and Aggressive Enforcement
- Recent Case Law
- Top CFPB/FDCPA Complaints
- TCPA and FTC Compliance
-
STEP #4: Prejudgment: How to Cleverly Collect Under the FDCPA, CFPB, and TCPA
- Verification of Debt
- Telephone Calls; Voice Mails
- Notices and Forms
- Effective Demand Letters; Envelopes
- Social Media and Email
- Faxing Fundamentals
- Third-Party Communication
- Other Pre-Suit Collection Strategies
- General Considerations When Discussing Possible Litigation With a Debtor
- Recent Developments - CFPB Final Debt Collection Rules
-
STEP #5: How to Obtain a Judgment
- When Should a Judgment be Considered?
- Choosing Court to File Suit in - Jurisdiction/Venue Issues
- Court Proceedings; Process and Procedure
- Other FDCPA Issues
- Serving the Claim
- Notice of Motion for Default Judgment
- What if a Defense is Filed?
-
STEP #6: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing, and More
- Basic Enforcement Processes and Procedures
- Out-of-State Enforcement
- Locating Places of Employment
- Filing Writs of Execution
- Effectively Locating Assets; Investigation Tips
- How to Seize Assets (Bank Accounts, Stocks, Retirement Accounts, Wages)
- How to Attach a Lien on Property
- Personal or Real?
- What Type of Property is Subject to a Lien Under State Law?
- What Type of Property to Attach?
- How to do That and Samples?
- Priority of Liens
- Alternatives to Wage and Bank Garnishments
- Claims of Exemptions
- Third Party Claims of Ownership
- Collecting on Intangibles
- Piercing the Single Member LLC Veil; The Alter Ego
- Self-Employed Debtors
-
STEP #7: How to Avoid (and Handle) FDCPA Claims
- Top FDCPA Violations/Claims
- Mechanics, Process, and Procedures
- Debtor vs. Creditor Rights in a Lawsuit
- Debt Collector Documentation
- Defending the FDCPA Action
- Proving/Disproving Damages
-
STEP #8: How to Steer Clear of Ethical Issues: Attorney Fees and More
- Defining When an Attorney is a "Debt Collector"
- Adding Attorney's Fees to Collection Matters Without Being Sued
- When are You Entitled to Attorney Fees?
- Collection of Filing Fees and Pre-Judgment Interest
- Reporting Professional Misconduct
- Account Management Best Practices
- Billing, Credit Policy Best Practices
- Harassment
Who Should Attend
This basic level online seminar is designed for attorneys. Accountants, debt collectors and paralegals will also benefit.
Speakers
Speaker bio
Zachary D. Cronkhite
is an attorney with Kovitz Shifrin Nesbit, where he is the head of the Collections Department at the firm's Indiana location. Additionally, concentrates his practice on the representation of condominium, townhome, and homeowner community associations. Prior to joining KSN, Mr. Cronkhite was a judicial clerk for Judge Martha Blood-Wentworth at the Indiana Tax Court. During this time, he attained experience with Indiana's property tax laws and learned the importance of explaining difficult legal concepts in clear, concise manner that can be understood by both attorneys and non-attorney taxpayers. Mr. Cronkhite earned his J.D. degree from Michigan State University College of Law. While attending law school, he worked at the Low-Income Taxpayer Clinic, where he assisted clients with federal and state tax controversies. Mr. Cronkhite successfully negotiated with the Internal Revenue Service to significantly reduce his clients' tax liabilities. He attended Iowa Wesleyan University for undergraduate studies, where he majored in psychology. During this time, Mr. Cronkhite served two terms as student body president. He is admitted to practice in Indiana.
Speaker bio
Matthew T. Barr
is an Indiana creditors' rights and bankruptcy attorney with Rubin & Levin, P.C. where his practice is focused on helping creditors obtain and collect judgments, as well as representing trustees and other clients in bankruptcy matters. His creditors' rights representation is focused on enforcing security instruments and other contractual arrangements for the benefit of his clients, both before and after suit has been filed. In addition, Mr. Barr represents trustees and creditors in bankruptcy proceedings. In these settings his practice is often focused on recovering and securing assets that belong to the bankruptcy estate, as well as selling or otherwise disposing of estate assets for the benefit of creditors. Mr. Barr earned his B.A. degree in political science, with distinction, from Indiana University and his J.D. degree from Indiana University Maurer School of Law. He is a member of the Indiana State Bar Association, Indianapolis Bar Association, Board of Directors of Reach for Youth, Inc. (2024-present), Board of Directors of the Indiana Chapter of the Turnaround Management Association (2021-present) and a named Distinguished Fellow of the Indianapolis Bar Foundation (2022). Mr. Barr is admitted to practice in Indiana, and U.S. District Court for the Northern and Southern districts of Indiana.
Speaker bio
Amy E. Thompson
is a partner with Krieg Devault. She is a commercial and consumer banking attorney with a strong foundation in business law and financial services. She advises financial institutions on a wide range of matters including commercial loan workouts, foreclosures, bankruptcies, and creditors’ rights issues. Ms. Thompson's practice also encompasses landlord/tenant matters and regulatory compliance for lending and financial institutions. She represents lenders, banking institutions, and trade creditors, secured and unsecured, in collection and asset recovery matters across Indiana. Ms. Thompson is known for her practical legal insight and commitment to delivering effective, compliant counsel under the Fair Debt Collection Practices Act (FDCPA) and other applicable regulations. She earned her B.S. and M.B.A. degree from Indiana Institute of Technology, and her J.D. degree from Indiana Tech Law School.
Speaker bio
Hon. Michael A. Fish
is the former owner of Michael A. Fish, Attorney at Law, where he practiced bankruptcy and general practice law. He is now a judge at Porter Superior Court #1, a general jurisdiction court located in Valparaiso, Indiana. Mr. Fish earned his bachelor's degree from Indiana State University and his J.D. degree from Valparaiso University School of Law. He is a member of the Indiana Judge's Association, Indiana Bar Association, and Porter County Bar Association. He is also a member of the Indiana Army National Guard since 1989. He currently serves as the staff judge advocate of the 38th Infantry Division in Indianapolis. Mr. Fish previously deployed to Afghanistan, the Indo- Pacific, and Kuwait. He is admitted to practice in Indiana and before the Seventh Circuit Court of Appeals, Northern District of Indiana.
Speaker bio
Jonathan Sundheimer
is a partner at Barnes & Thornburg LLP, and counsels financial institutions and individuals on lending, bankruptcy, commercial litigation and loan restructuring. He facilitates loan transactions on behalf of financial institutions and represents such institutions in the event of default through negotiations and litigation. He also guides traditional businesses through collections, bankruptcy and insolvency-related dispute resolution. On the front-end of lending relationships, Mr. Sundheimer represents banks with loan originations, extensions, modifications and amendments. He also advises banks on loan participations, subordination agreements and mezzanine financing. On the back end, Mr. Sundheimer enforces commercial real estate loans, representing receivers and collecting judgments. He also represents special servicers and financial institutions in negotiating loan modifications and loan enforcement. Mr. Sundheimer also advises creditors on all aspects of Chapter 11 proceedings, including cash collateral disputes, 363 sales and plan confirmations. In both bankruptcy and commercial litigation, his work has led to published opinions in the Indiana Court of Appeals, the Ohio Court of Appeals and the U.S. Court of Appeals for the Seventh Circuit. Out of court, Mr. Sundheimer helps restructure loans secured by real property, rents and equipment. He is appreciated by clients and colleagues alike for being practical and reasonable, and for providing realistic assessments for options and how those options could affect their preferred outcome. Mr. Sundheimer frequently advises manufacturing clients on strategies for minimizing risk in the supply chain. His advice has helped both suppliers and original equipment manufacturers avoid assembly line shutdowns and ensure continuing operations. Whether negotiating contract terms or seeking the appointment of a receiver over a supplier's operations, Mr. Sundheimer's work has reduced losses when sole source suppliers go dark. He is a frequent speaker, presenting at the National Association of Credit Managers, Indianapolis Bar Association's Leonard H. Opperman Chapter 11 Roundtable, ICLEF Annual Bankruptcy Institute, and the Building Owners and Managers Association. Mr. Sundheimer earned his B.A. and B.S. degrees, cum laude, from Butler University; and his J.D. degree, cum laude, from University of North Carolina School of Law.
Speaker bio
Stuart M. Collis
is a senior partner with Collis, Griffor & Hendra PC. He practices in the areas of collections/creditor's rights, civil litigation, commercial litigation, family law, divorce, child custody, paternity, criminal law, driver's license restoration and DUI/OWI/drunk driving. Mr. Collis is a trained mediator and has extensive experience with case evaluation procedures. He has also served on a number of state and national organizations, including NABA, WCBA, MCBA, CLLA, and the Michigan Department of Agriculture's Companion Animal Committee. Mr. Collis has been published extensively, including several republications. He has created and presented numerous educational sessions for interested organizations. Mr. Collis earned his B.A. degree from the University of Michigan and his J.D. degree, cum laude, from M. Cooley Law School.
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