Bankruptcy, Foreclosure & Collection Law

4.45

Debt Collection Law From A to Z

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
6 hours 2 minutes
Bruce Menkes
Charles Dawson
Lynda Laing
Monica Littman
With Bruce N. Menkes from Mandell Menkes LLC + 3 others
Recorded November 19, 2024
Product ID 99254

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Overview

The Absolute Essentials of Debt Collection Law

Debt collection can be a tedious and complicated process. To recover successfully, you need a thorough understanding of debt collection laws and the numerous practical challenges that will come your way. In this comprehensive course, learn how to avoid compliance pitfalls and navigate through the collection process in an effective and timely manner - register today!

  • Learn how to use various tools and techniques effectively to recover outstanding debts.
  • Remain compliant by understanding what collections activities are permitted under the FDCPA.
  • Assess debt collectability.
  • Prepare necessary resources for filing suits and securing judgments.
  • Determine the appropriate actions one can take during post-judgment collections.

Abbreviated Agenda

  1. Regulatory Overview and Key Concepts
  2. Complying With the FDCPA
  3. FDCPA Deep Dive: Letters, Forms, Warnings, and Defenses
  4. Collecting Debt: Top Secrets From the Pros
  5. Filing Suit and Securing Judgment
  6. Post-Judgment Collection Techniques
  7. Legal Ethics and Debt Collections

Related Topics

Product ID 99254

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Regulatory Overview and Key Concepts

    1. The Fair Debt Collection Practices Act (FDCPA)
    2. The Telephone Consumer Protection Act (TCPA)
    3. Unfair, Deceptive and Abusive Acts or Practices (UDAAP)
    4. The Fair Credit Reporting Act (FCRA)

  2. Complying With the FDCPA

    1. Overview, Scope, and Important Definitions
    2. Harassment and Unfair Practices
    3. False and Misleading Representations
    4. Time and Place of Communications
    5. Electronic Communications
    6. Liability, Penalties, and Remedies
    7. Top Mistakes Debt Collectors and Attorneys Make
    8. New Rules Update

  3. FDCPA Deep Dive: Letters, Forms, Warnings, and Defenses

    1. Debt Validation Notices and Letters (With Sample Language)
    2. Staying Inside the Safe Harbors
    3. Getting the Most out of the Bona Fide Error Defense
    4. Records/Form Management

  4. Collecting Debt: Top Secrets From the Pros

    1. Assessing Collectability and Planning Your Collection Strategy
    2. Locating and Researching Debtors, Discovering Assets
    3. Contacting Debtors
    4. Settlement Strategies

  5. Filing Suit and Securing Judgment

    1. Theory of Recovery
    2. Case Prep, Witnesses, and Documentary Evidence
    3. Parties, Pleadings, Venue, and Service
    4. Analyzing and Responding to Defenses and Counterclaims
    5. Discovery and Depositions
    6. Mediation and Trial
    7. Default Judgment
    8. Key Differences: Commercial vs. Consumer Cases

  6. Post-Judgment Collection Techniques

    1. Overview: Judgment Creditor Rights and Remedies
    2. Executing Levies on Personal and Real Property
    3. Navigating Exemptions
    4. Garnishment
    5. Attachment
    6. Continued Investigation and Debtor Examinations
    7. Out-of-State Collection Strategies
    8. Bankruptcy Implications

  7. Legal Ethics and Debt Collections

    1. The Relationship Between the FDCPA and RPCs
    2. Attorney Involvement in Collection Activities
    3. Aggressive Practices
    4. Competence and Confidentiality
    5. Conflicts of Interest
    6. Unauthorized Practice of Law
    7. Attorney Liability

Who Should Attend

This program is designed for attorneys. Debt collectors, accountants, and paralegals may also benefit.

Speakers

Bruce N Menkes
Bruce N.
Menkes
Mandell Menkes LLC
Charles C Dawson Jr.
Charles C.
Dawson, Jr.
Law Office of Charles C. Dawson, Jr., LLC
Lynda L Laing
Lynda L.
Laing
Strauss, Factor, Laing & Lyons
Monica M Littman
Monica M.
Littman
Kaufman | Dolowich
Speaker bio
Bruce N Menkes

Bruce N. Menkes

Mandell Menkes LLC
Bruce Menkes

is a partner in the Chicago law firm of Mandell Menkes 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 and 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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Speaker bio
Charles C Dawson Jr.

Charles C. Dawson, Jr.

Law Office of Charles C. Dawson, Jr., LLC
Charles Dawson

is an attorney in Pelham, Alabama. He practices in the areas of creditor's rights, probate and estate planning. Mr. Dawson is admitted to practice in Alabama and Tennessee. He is a member of the American Bar Association (GPSolo Magazine Board, GPSolo eReport Subcommittee, Solo Small Firm and General Practice Division's Technology Committee), and a member of the National Creditor's Bar Association, Alabama State Bar, Tennessee Bar Association (Creditor's Practice Section), Creditors' Attorneys Association of Alabama, and Birmingham Bar Association. Mr. Dawson earned his B.A. degree from University of Montevallo and his J.D. degree from Birmingham School of Law.

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Speaker bio
Lynda L Laing

Lynda L. Laing

Strauss, Factor, Laing & Lyons
Lynda Laing

is a partner in the law firm of Strauss, Factor, Laing & Lyons in Providence, Rhode Island, where her practice concentrates in the areas of collections and litigation. Ms. Laing is a member of the State Bar of Michigan, Rhode Island and American bar associations, Commercial Law League of America, and American Bankruptcy Institute. She served as chairperson of the Bench Bar Committee for the Rhode Island Bar Association. Ms. Laing earned her A.B. degree from Albion College and her J.D. degree from Case Western Reserve University Law School.

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Speaker bio
Monica M Littman

Monica M. Littman

Kaufman | Dolowich
Monica Littman

is a partner and the co-vice chair of the financial services & institutions practice group at Kaufman | Dolowich in Philadelphia, Pennsylvania. She represents creditors, law firms, and agencies against individual and class action allegations invoking consumer protection laws. Ms. Littman advises clients on compliance and regulatory matters in the accounts receivable management (ARM) industry. She currently serves as vice president of the Mid-Atlantic Collectors Association's Board of Directors. Ms. Littman has served as the ACA International state chair attorney for Pennsylvania since 2017,and also serves on ACA International's Member Attorney Program Committee.

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