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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 CFPB
- STEP #4: How to Enforce the Judgment: Liens, Garnishments, Veil Piercing, and More
- STEP #5: How to Avoid (and Handle) FDCPA Claims
- STEP #6: 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 |
|---|---|---|
| Connecticut CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Kentucky CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New York CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| New York CPE for Accountants |
|
7 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
- How to Obtain a Judgment
-
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 CFPB
- 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
-
STEP #4: 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 #5: 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 #6: 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
Jonathan A. Grasso
is a Member with YVS Law, LLC. He practices regionally and nationally representing a diverse range of business clients in the areas of complex commercial litigation, restructuring, bankruptcy, collections, out-of-court workouts and other creditors' rights matters. Specifically, Mr. Grasso has substantial experience representing business debtors, business owners and officers, landlords, secured and unsecured creditors, creditors' committees, trustees, and liquidating trusts in matters ranging up to hundreds of millions of dollars. He earned his B.A. degree, Philosophy, Politics and Law (PPL); History, cum laude, from Binghamton University; and his J.D. degree - Top 5% of Class (American Bankruptcy Institute Law Review, Executive Publications Editor) from St. John's University School of Law. Mr. Grasso is a member of the Maryland Bankruptcy Bar Association Anne and Arundel Bar Association. He is admitted to practice in Maryland, District of Columbia, Virginia, New York, Texas, U.S. Bankruptcy Court for the District of Maryland, U.S. District Court for the District of Maryland, U.S. Bankruptcy Court for the Eastern District of Virginia, U.S. District Court for the Eastern District of Virginia, U.S. Bankruptcy Court for the Western District of Virginia, U.S. Bankruptcy Court for the Eastern District of New York, U.S. District Court for the Eastern District of New York, U.S. Bankruptcy Court for the Southern District of New York and the U.S. District Court for the Southern District of New York.
Speaker bio
Stacey R. Patterson
is Counsel with Ansell Grimm & Aaron, P.C. to the firm in the Community Association Department. She devotes her practice to the representation of cooperatives, condominiums and homeowners associations in New York and New Jersey. Since 2000, Ms. Patterson has represented planned communities in both litigation and government transactional matters. She has extensive experience in dealing with issues pertaining to the Nonprofit Corporations Acts, Condominium Acts and Property Acts of New York and New Jersey. She has extensive experience, as well, with New Jersey’s Planned Real Estate Development Full Disclosure Act and the Real Estate Settlement Procedures Act. Ms. Patterson earned her B.A. degree from University of Rhode Island and her J.D. degree from Roger Williams School of Law. She is a member of the Mercer County Bar Association, Community Associations Institute New Jersey Chapter and is on the board of the Community Associations Institute Hudson Valley Chapter. Ms. Patterson is admitted to practice in New Jersey and New York.
Speaker bio
Peter M. Damin
is a Member with Lemery Greisler LLC focusing his practice in the areas of commercial litigation, bankruptcy, commercial loan workouts and foreclosure. A significant portion of his practice is devoted to representing banks, financial institutions and private lenders in residential and commercial foreclosures, actions on notes, guarantees and security agreements, actions for the replevin and seizure of collateral, judgment enforcement, loan workouts, and in all aspects of bankruptcy cases. Mr. Damin also represents a broad range of local businesses in general litigation matters, which include breach of contract claims, contract payment disputes, commercial and landlord tenant issues, construction law disputes, mechanic's liens, trust fund claims, and debt collection. Prior to joining Lemery Greisler, his practice concentrated on defending automobile manufacturers and automobile dealers in breach of contract, breach of warranty and consumer protection actions throughout the eastern United States. Mr. Damin earned his A.A.S. degree, with Honors, from Herkimer County Community College, his B.A. degree, magna cum laude, from State University of New York – University at Albany and his J.D. degree from Albany Law School of Union University, (Albany Law Journal of Science and Technology, Member). He is admitted to practice in the following states: New York, Massachusetts, Connecticut, New Jersey, Georgia, South Carolina and West Virginia. Mr. Damin is also admitted to practice before the United States District Courts and the United States Bankruptcy Courts for the Northern, Southern, Eastern and Western Districts of New York, the United States District Court of Massachusetts and the United States District Court for the Southern District of West Virginia. He is a member of the New York State Bar Association, the Albany County Bar Association, the Capital Region Bankruptcy Bar Association, and the Northern District of New York Federal Court Bar Association.
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.
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.
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