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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!
- 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 and State Law
- STEP #4: How to Obtain a Judgment
- STEP #5: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing, and More
- STEP #6: How to Avoid (and Handle) FDCPA Claims
- STEP #7: How to Steer Clear of Ethical Issues: Attorney Fees and More
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Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Indiana CLE |
|
6 Total |
| Ohio 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 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
- Recent Case Law
- Overview of Critical State Laws, Rules, and Regulations
-
STEP #4: 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 #5: 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 #6: 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 #7: 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
Joseph A. Ferrise
is a staff attorney at the Office of the Chapter 13 Trustee in Akron, Ohio. He also is an adjunct professor at the University of Akron. Mr. Ferrise earned his B.A. degree from the University of Akron and his J.D. degree from the University of Akron School of Law.
Speaker bio
Michelle Pierro
is a member at Metz Lewis Brodman Must O'Keefe. She counsels financial institutions, lenders, landlords, and business entities in matters involving creditors' rights, loan defaults, collections, and a wide variety of loan workout and finance matters. Ms. Pierro has extensive experience representing clients in complex real estate and foreclosure matters while handling all phases of litigation and appeals involving real estate disputes, foreclosures, evictions/ejectment, and insolvency proceedings. In addition, she advises clients on legal strategies related to real estate ownership, leasing, property recovery, and title issues. Ms. Pierro's experience spans financial institutions, investment firms, and the energy industry across Pennsylvania and Ohio where she is licensed.
Speaker bio
Douglas G. Walters
focuses his practice on complex commercial litigation matters. He has experience representing clients across a broad spectrum of industries, including medical device and supply companies, commercial landlords, construction equipment providers, national retailers, and private equity firms. Mr. Walters has counseled large and mid-sized companies in civil actions for breach of contract, conversion, replevin, and indemnification. He also represented a private equity firm in civil actions asserting claims for tortious interference with employment agreements, breach of the implied duty of good faith and fair dealing, and fraud. In addition, Mr. Walters has represented corporate directors and officers in D&O liability litigation involving claims for breach of fiduciary duty, fraud, usurpation of corporate opportunity, civil conspiracy, and trade secret misappropriation. He also has a foundation in bankruptcy and insolvency litigation. Mr. Walters has represented creditors (both secured and unsecured), creditor’s committees and debtors in several Chapter 7 and Chapter 11 proceedings. He has provided counsel to financial institutions in complex workouts, debt restructurings, and reorganizations.
Speaker bio
Bradley S. Le Boeuf
is a sole practitioner in Akron, Ohio. He has been an attorney for more than 38 years, and primarily practices in the areas of contract law, collections, and real estate. Mr. Le Boeuf is admitted to practice in Ohio, Illinois and Washington, D.C., and is a member of the Ohio State, Illinois State and District of Columbia bar associations. He earned his B.A. degree from Indiana University (Bloomington) and his J.D. degree from The University of Toledo College of Law. Mr. Le Boeuf's book reviews, essays, and commentaries have been published in a variety of publications, including Ohio Lawyer, Illinois State Bar Association Bar News, Illinois Lawyer Now, The Washington Post, The Washington Times, Legal Times, The Plain Dealer, Indianapolis Eagle, Akron Law Review, William Mitchell Law Review, Riverfront Times, Artful Dodge, Streets, Indiana Alumni, Washington Lawyer, and Connecticut Law Tribune.
Speaker bio
Heather A. DeGrave
is a partner and litigation chair of Hahn Loeser’s Tampa office, she focuses on construction, commercial collections and business litigation. Previously, Ms. DeGrave was a shareholder of the firm Walters Levine & DeGrave, which joined Hahn Loeser & Parks LLP in 2025. Her experience in commercial collections litigation and construction related litigation includes the institution of lien foreclosure and contract enforcement actions and the protection of creditors’ rights in bankruptcy and mortgage foreclosure actions. Ms. DeGrave also regularly helps members and shareholders in small businesses in their disputes with fellow members, including through dissolution actions, injunctive relief, and the appointment of receivers. She has also advised construction clients on construction lien and bond law and has assisted in the drafting and review of contracts, subcontracts and credit applications. Ms. DeGrave also regularly speaks on collections and construction related topics for the National Association of Credit Management and the National Business Institute. She earned her B.A. degree in international studies, magna cum laude, from Oglethorpe University with a minor in Spanish. While at Oglethorpe, Ms. DeGrave studied abroad at the Universidad de Salamanca, in Salamanca, Spain. Ms. DeGrave earned her J.D. degree from the Georgetown University Law Center. While in law school, she was a member of the Georgetown Journal of Legal Ethics and of the Alternative Dispute Resolution team, as well as a law fellow in the Legal Research and Writing Department. As a visiting student at the Stetson University College of Law, Ms. DeGrave received the Victor O. Wehle Award for Trial Advocacy.
Speaker bio
Jonathan S. Goodgold
is the managing member of Goodgold West Maitlin & Klein LLC, a business boutique law firm based in Roseland, New Jersey. He heads the firm's collection law practice, and handles commercial and consumer collection matters across a wide spectrum of industries. Mr. Goodgold is a frequent speaker on topics related to collection law, ethics and law firm management. He regularly counsels clients pre-litigation and in anticipation of collection litigation matters. Mr. Goodgold is barred in New Jersey and New York. He earned his B.A. degree, magna cum laude, from Binghamton University and his J.D. degree from the Benjamin N. Cardozo School of Law.
Speaker bio
Franklin S. Yudkin
is the principal of the Yudkin Law in Louisville, Kentucky. He practices primarily in collections and debtor/creditor matters. Mr. Yudkin has been a frequent speaker on collection topics, and also searches the internet and various data bases to locate debtors. He is a member of the Louisville, Kentucky and Indiana State bar associations; Commercial Law League of America; and National Association of Retail Collection Attorneys. Mr. Yudkin earned his B.A. degree from Indiana University and his J.D. degree from the University of Louisville.
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