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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
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Illinois CLE |
|
6 Total | 05-22-2026 |
| Missouri CLE |
|
6 Total | 05-23-2026 |
Select Jurisdiction
CLE
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: 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
- How to Discuss Possible Litigation With 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
Ronald R. Peterson
is of counsel to Jenner & Block LLP. Mr. Peterson concentrates his practice in the areas of commercial, insolvency and bankruptcy law. As a fellow of the American College of Bankruptcy, he focuses primarily on representing debtors, trustees, creditors, committees, landlords and secured lenders in Chapter 11 cases. In addition to his insolvency litigation practice, Mr. Peterson counsels clients on a variety of transactional issues, including corporate restructurings. Since 2003, Chambers & Partners has named him one of the country's leading lawyers in bankruptcy law. Mr. Peterson is a member of the firm's Restructuring and Bankruptcy and Bankruptcy Litigation Practices. He is also a member of the Real Estate and Construction Litigation and Corporate Finance Practices and the Real Estate Finance Litigation and Workout Task Force. Mr. Peterson has been a member of the panel of Chapter 7 Trustees for the Northern District of Illinois, Eastern Division since 1987. He has presided over numerous complex commercial cases. Mr. Peterson is a member of the American Bankruptcy Institute, Commercial Law League of America and the Business Bankruptcy Committee of the Business Law Section and the Bankruptcy Litigation Committee of the Litigation Section of the American Bar Association. He is a Director of the National Association of Bankruptcy Trustees and is also a member of INSOL (International Association of Restructuring, Insolvency & Bankruptcy Professionals). Mr. Peterson is a prolific lecturer and writer on bankruptcy and commercial law issues. Mr. Peterson earned his A.B. degree, cum laude, from Ripon College and his J.D. degree from University of Chicago School of Law.
Speaker bio
Adam K. Beattie
is a principal and focuses his practice on litigation, and condominium and common interest community association law. He has more than a decade of experience serving the clients of Chuhak & Tecson, P.C. both in and outside of the courtroom. Mr. Beattie's litigation experience includes commercial litigation, commercial landlord and tenant litigation, commercial evictions, product liability defense, will contests and trust and trustee litigation. He works closely with his clients to find practical and effective solutions to their problems and dedicates himself to fully understanding their needs, working to achieve them, whether by a negotiated settlement, arbitration or trial. Mr. Beattie works closely with the other attorneys of the Condominium & Common Interest Community Association practice to represent condominium associations in litigating collection matters, enforcing the declaration and rules of the association and providing advice to board members in the exercise of their duties and obligations to the association. He is dedicated to assisting his clients by providing diligent and accurate counsel and consummate attention. Mr. Beattie works with his colleagues to connect clients with the appropriate attorneys when needed to provide the legal services required. Active in firm activities, he currently serves as a member of Chuhak & Tecson's Technology Committee and was previously a member of both the Recruitment and Associate/Law Clerk Oversight Committees. Mr. Beattie earned his B.A. degree from Loyola University Chicago and his J.D. degree from University of Notre Dame Law School.
Speaker bio
Magdalena Lewandowska
is a part of the Illinois attorney team of Kohn Law Firm S.C. She is a graduate of Nova Southeastern University, Shepard Broad College of Law, where she earned her J.D. degree, magna cum laude. Ms. Lewandowska also obtained an Italian J.D. degree equivalent, summa cum laude. Prior to joining Kohn Law Firm, S.C., she worked in corporate and real estate planning law. Ms. Lewandowska is licensed in Illinois.
Speaker bio
Keith Barnstein
is an associate attorney at Markoff Law LLC. He has spent more than a decade practicing in the area of creditors rights, where he has advocated on behalf of lenders, debt buyers, and businesses. Mr. Barnstein is licensed to practice law in Illinois; Federal Court, Northern District of Illinois; and before the Seventh Circuit Court of Appeals. He is also a certified arbitrator in Lake and Will counties. Mr. Barnstein is a former board member of the Illinois Creditors Bar Association (“ILCBA”), and currently serves as it’s Education Committee chair. He earned his B.A. degree from the University of Illinois at Chicago and his J.D. degree from the DePaul University College of Law. Mr. Barnstein has previously presented before the ILCBA on litigating breach of contract matters.
Speaker bio
Rachel V. Rose
, JD, MBA, successfully advises and represents clients on healthcare, cybersecurity, securities, qui tam compliance, transactional litigation, and government enforcement matters. She is an affiliated member with the Baylor College of Medicine's Center for Medical Ethics and Health Policy, where she teaches bioethics. Ms. Rose is often quoted as an expert. In addition to being extensively published and a sought-after presenter and quoted expert, she holds an M.B.A. degree, with minors in healthcare and entrepreneurship, from Vanderbilt University; and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a certificate in negotiation and leadership from Harvard University. She is licensed in Texas, and is a fellow of the Federal Bar Association. Currently, Ms. Rose serves as a director on the FBA's National Board. She is a member of and the immediate past chair of the Federal Bar Association's Government Relations Committee, member of the Advisory Board of the Federal Bar Association's Qui Tam Section, co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), and a co-author of the ABA's books The ABCs of ACOs and What Are International HIPAA Considerations? Ms. Rose is extensively published and presents on a variety of matters related to her practice. She has been named consecutively to the Texas Bar College, National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers (healthcare law), National Trial Lawyers Association's Top 100 and The Nation's Top One Percent. Ms. Rose was awarded 1st Healthcare Compliance's 2019 and 2022 Top Presenter Award. In 2023, she was selected for Super Lawyers (healthcare). Ms. Rose may be reached through her website www.rvrose.com.
Speaker bio
Katerina Tsoukalas-Heitkemper
is a partner and co-chair of the HOA/condominium and common interest community association law practice at Tressler LLP. Her practice includes extensive experience and deep knowledge of all areas of civil litigation, collections, bankruptcy and foreclosures, including a deep knowledge of those laws pertaining to condominiums and common interest community associations. Ms. Tsoukalas-Heitkemper has expertise in all aspects of residential and commercial real estate transactions (eviction actions, sales and purchases, litigation); drafting/revising/translating corporate documents; extensive knowledge of both creditor and bankruptcy proceedings; and legal representation of not-for-profit and for-profit corporations. Prior to joining Tressler, she was a senior associate at a general practice law firm and handled all aspects of collection, bankruptcy, and civil litigation matters. Ms. Tsoukalas-Heitkemper handled Chapter 7 and Chapter 13 debtors and secured creditors in bankruptcy and adversary proceedings. She also represented various clients in residential and commercial real estate transactions, along with various industry companies on mergers and acquisitions. Ms. Tsoukalas-Heitkemper earned her B.A. degree from University of Illinois at Chicago, her M.S. degree from Roosevelt University, and her J.D. degree from Texas A&M University School of Law.
Speaker bio
Kathryn A. Formeller
is a partner and co-chair of the condominium and common interest community association law practice at Tressler LLP. Her practice includes representing condominium associations and common interest community associations in a variety of areas, including rule enforcement, interpretation of governing documents, review and negotiation of contracts, and collection of assessments. Ms. Formeller also provides advice to clients on their rights and responsibilities under the Condominium Property Act, Forcible Entry and Detainer Act, General Not for Profit Corporation Act and the Common Interest Community Association Act. She also practices in the areas of insurance coverage analysis and litigation. Ms. Formeller's insurance coverage and litigation practice primarily focuses on directors and officers liability, EPL, professional liability and fiduciary liability matters. She participates in commercial litigation nationwide and counsels insurers with respect to coverage issues associated with D&O, E&O, EPL and professional liability claims. Ms. Formeller earned her B.A. degree from Illinois Wesleyan University and her J.D. degree from DePaul University College of Law.
Speaker bio
Diana Perez
is an associate attorney at Wright Law Group PLLC. She is experienced in legal writing, trials, commercial litigation, civil litigation, and legal research. She is the president of Illinois Creditors Bar Association. Ms. Perez earned her B.A. degree from Duke University and J.D. degree from Loyola University Chicago School of Law.
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