Register For Course
Live Webinar Registration
OnDemand Recording
Course Book Download
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, CFPB, 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
Can't Attend Live?
Get the OnDemand Instead
Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Nevada 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
- Interplay of CFPB, FDCPA, and State Laws
- Update: CFPB's Role, Reach of Authority, and Aggressive Enforcement
- Recent Case Law
- Top CFPB/FDCPA Complaints
- TCPA and FTC Compliance
- 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
Brett A. Axelrod
is a partner with the Las Vegas office of Fox Rothschild LLP. For more than 25 years, she has focused her practice on the representation of Chapter 11 debtors and unsecured creditors' committees and has worked on some of the largest bankruptcy cases in the state of Nevada. Former managing partner of the firm's Las Vegas office and a past co-chair of the firm's nationwide Financial Restructuring and Bankruptcy Department, Ms. Axelrod has a broad range of experience in insolvency and corporate restructuring matters and concentrates in the areas of business reorganization and bankruptcy, asset sales and acquisitions and gaming. She represents clients in the gaming, real estate and mining industries across the country, and has built a strong reputation for her strategic handling of complex, high-profile bankruptcy cases. Ms. Axelrod has represented a variety of businesses as well as secured creditors in Chapter 11 bankruptcy filings and purchasers in 363 sales. She earned her B.S degree, with honors, from California State University, Northridge and J.D. degree from Duke University School of Law.
Speaker bio
Aaron P. Richter
is a partner in Lewis Brisbois Bisgaard & Smith LLP's Seattle office. He represents individuals and corporations in state and federal courts. Mr. Richter's practice spans various areas of administrative law, civil and commercial litigation, including federal and state taxation, business, employment, professional malpractice, products liability, and general liability. Before starting at Lewis Brisbois, his experience included advising and representing major financial institutions in state and federal courts, he worked as a deputy district attorney and was a judicial law clerk. Mr. Richter also has extensive experience resolving individual and business disputes before the IRS and state taxation authorities. During law school, he worked as an extern at the Internal Revenue Service in the Chief Counsel's Office. Mr. Richter is admitted to practice law in Arizona, Nevada, Maryland, and Washington. He has also represented parties in the United States Federal District Court and the U.S. Tax Court. Mr. Richter is an alumnus of the University of Washington School of Law (LL.M. Taxation), Valparaiso University School of Law (J.D.), and the University of Arizona (B.A. Economics).
Speaker bio
Donna M. Armenta
is the managing attorney of The Moore Law Group, A Professional Corporation's Nevada office. Prior to joining the multi-jurisdiction collection firm, The Moore Law Group in 2021, Ms. Armenta owned her own collection law firm; was in-house counsel for a Nevada licensed Collection Agency; was a managing attorney representing Mortgage Foreclosure Trustees, Mortgage Lenders and banks; and also represented Bankruptcy Trustees in collection of assets in Bankruptcy estate cases. She practices in the area of consumer and business transactions litigation regarding the collection of consumer and commercial debt, and advising lenders, credit unions, debt buyers and collection agencies on debt collection related issues including compliance with state and federal laws impacting the debt collection industry and defending lawsuits brought under those laws. Ms. Armenta is licensed to practice law in the state of Nevada and is admitted to practice in the United States District Courts located in Nevada, and the 9th Circuit Court of Appeals. She has concentrated her 28 years of legal practice in collection litigation and collection of judgments in all courts in the State of Nevada including all Nevada justice courts, district courts and appeal courts. Ms. Armenta is the elected Treasurer of the State Bar of Nevada, Creditors Bar Section as well as Trustee and legislative committee member of the Creditor Rights Attorneys of Nevada. She earned her B.S. degree from Missouri Southern State University and her J.D. degree from Oklahoma City University, 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.
Speaker bio
John W. Anderson, Jr.
is president of his firm John W. Anderson Jr., P.C., where his practice includes general and commercial litigation, in federal and state courts, judgment domestication and collection work, appellate practice, insurance defense, insurance coverage and general corporate work. Mr. Anderson is a member of the Tulsa County Bar Association, the Oklahoma Bar Association, the American Bar Association and the American Inns of Court. He earned his B.S. and J.D. degrees from the University of Utah.
Speaker bio
Bruce N. Menkes
is a partner in the Chicago law firm of Menkes Law LLC, where he represents lenders, merchants and equipment lessors. He helps clients with a wide variety of consumer and commercial finance matters; including negotiating and documenting co-brand and other payment card agreements for retailers, preparing agreements for lending and leasing transactions, and advising on privacy, data security and regulatory compliance issues. Mr. Menkes also litigates consumer and commercial finance disputes, including defending consumer class actions suits alleging violations of consumer fraud laws, Fair Debt Collection Practices Act and Truth in Lending Act. He is a past chair of the Debt Collection Practices and Bankruptcy Subcommittee of the Consumer Financial Services Committee of the American Bar Association. Mr. Menkes has written numerous articles, including "The FDCPA and the First Amendment" (Consumer Finance Law Quarterly Report, 2011). He earned his B.A. degree, highest honors, from William & Mary and his J.D. degree from the University of Chicago. Mr. Menkes is admitted to practice law in Illinois, before the U.S. District Court for the Northern District of Illinois (member of the Trial Bar), U.S. Court of Appeals for the Seventh Circuit and U.S. Supreme Court.
TOP FAQs
How do I access my courses?
Do you have options for attendees who are deaf or hard of hearing?
What happens if my course is cancelled?
Are multiple attendee discounts available?
When will the OnDemand be available and how long will I have access to the content?
What is included with my course purchase?
Will I receive a certificate of completion?
Can multiple people watch courses and request credit?
Have more questions? Please Contact Us
