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Preview: Lorman Collections Teleconferences

Lorman Collections Teleconferences



Industry Leading & Respected Continuing Education



Last Build Date: Fri, 23 Feb 2018 12:30:02 GMT

 



Collection Harassment Claims

Fri, 23 Feb 2018 02:00:23 America/Chicago

March 15, 2018

Historical Perspectives – Pre Fair Debt Collection Practices Act (FDCPA)

• Tort Claims Arising out of Abusive Collection Conduct

– Egregious Conduct Required to Impose Liability

– Invasion of Privacy

– Intention Infliction of Emotional Distress

– Outrage

• Harassment, Abuse, Deception

– Historical

• State Laws

– Directed to Intentional Conduct

• State Unfair and Deceptive Trade Regulation



The Fair Debt Collection Practices Act

• Enacted in 1977

– Originally Regulated Third Party Collection Agencies

– Attorney Exemption Repealed in 1985

– Statement of Congressional Purpose

• Three Prongs of Regulation

– 1692D – Harassment of Abuse

– 1692E – False, Misleading or Deceptive Practices

– 1692F – Unfair and Unconscionable Practices

– "Harassment" Encompasses All Three Prongs

• 1692D

– Multiple/Excessive/Repeated Phone Calls

– Unanswered Calls – Caller ID

– Excessive Calls






Ethical Considerations When Collecting from Vulnerable Customers

Fri, 23 Feb 2018 02:00:14 America/Chicago

February 27, 2018

Part One: Setting Ethical Standards for Collections

• Defining Ethics

– Golden Rule

– Company Values/Morals

• Ethics in the Compliance Management System

– Policies and Procedures

– Ethical Risk Assessment

– Employee Engagement (Making Ethics a Part of the Day to Day)

• Ethical Approaches to Consumer Collection Situations

– Active Duty Military

– Death

– Disability

– Disparate Impact

– Elder Consumers

– Financial Distress

– Hospitalization

– Suicide



Part Two: Cost Benefit of High Ethical Standards

• Reputational Cost

– Public Perspective

– Client Perspective

– Employee Perspective

• Financial Cost

– CFPB/State Regulator

– Lawsuits






Handling Delinquent Customers: Legal Action and Collection Methods

Fri, 23 Feb 2018 02:00:10 America/Chicago

April 26, 2018

Intro/Importance of Implementing a Formal Collection Process



Best Practices for Contracts/Credit Agreements

• Customer Information (the More the Better)

• Attorney's Fees Provision

• Personal Guaranty/Spouse Signature

• Legal Considerations – Venue; Jurisdiction; Choice of Law



Avoiding Violations of Debt Collection and Bankruptcy Laws

• The Federal Fair Debt Collection Practices Act

• The Bankruptcy Code's Automatic Stay Provision



Debt Collection Litigation

• Venue and Jurisdiction Issues

• Small Claims

• Perfecting Judgment Lien Rights



Post-Judgment Collections

• Post-Judgment Discovery – Document Production; Depositions

• Garnishment

• Execution, Levy and Sale

• Fraudulent Transfers and Third Party Claims






Handling Your Post-Judgment Files

Fri, 23 Feb 2018 02:00:33 America/Chicago

April 5, 2018

Judgments

• Enforceability

• Duration and Renewal



Judgment Liens

• Obtaining and Securing Judgment Liens

• Prerequisites to Enforcement

• Registering Liens Outside of the Jurisdiction, Including Registration of Foreign or Sister State Judgments



Surviving Bankruptcy and Collecting Through the Bankruptcy

• Proofs of Claim - When and How to File Them

• Avoidance of Liens in Bankruptcy Including Judgment Liens by the Chapter 7 Trustee: How to Respond to the Motions by the Trustee or the Debtor

• Preferential Transfers Under 11 USC §547: How to Avoid and Defend Them

• Identifying Nondischargeability Issues to Your Benefit



Locating Assets

• Supplemental Proceedings Examinations – Judgment Debtor Examinations

• Examining Third-Parties With Information

• Document Discovery: What to Look for and How to Use It

• Fair Debt Collection Practice Act Considerations

• Tracing Assets to Third-Parties: Establishing Fraudulent Transfers or Successor Liability



Availability of Assets for Execution/Exemption Issues

• Fraudulent Transfers

• Unauthorized Transfers

• The Automatic Stay

• The Discharge Injunction






The Influence of Bankruptcy on Collections

Fri, 23 Feb 2018 02:00:48 America/Chicago

March 21, 2018

Overview of the Bankruptcy Chapters

• Brief History and "Intended Purpose" of Bankruptcy

• Key Bankruptcy Terms and Concepts

• Chapter 7 Basics

• Chapter 13 Basics

• Chapter 11 Basics



The Automatic Stay and Its Impact on Collection Efforts

• Definition of Stay

• Prohibited Actions

• Scope of Co-Debtor Stay

• Exceptions



Protecting Your Rights

• The Creditor's Meeting

• Reaffirmation Agreements

• Proofs of Claim

• Relief From the Stay

• Cram Down Issues for Automobile Loans

• Assume or Reject – the Impact on Real and Personal Property Leases

• Objecting to a Debtor's Discharge






Top FDCPA Violations All Collectors Must be Aware of

Fri, 23 Feb 2018 02:00:25 America/Chicago

March 8, 2018

FDCPA – Top Ten Violations Collectors Make

• How to Identify Potential Violations for Failure to Make Proper Disclosures via Letters and Telephone

• How to Recognize and Avoid Technical Violations Relating to Account Balance and Processing Fees

• Harassment and Misleading Communications

• Offers to Settle by Collectors and Attorney Involvement

• Bona Fide Error Defense






Writing Effective Demand Letters That Get You Paid and Keep You Out of Trouble

Fri, 23 Feb 2018 02:00:53 America/Chicago

April 11, 2018

Why Take Time to Prepare a Demand Letter?



Demand Fundamentals

• Statutory, Contractual and Practical Pitfalls to Avoid

• Consumer Advisories

• Setting the Stage for Recovery



Making Demand on

• Accounts

• Promissory Notes

• Lease Agreements

• Other Commercial Agreements



Dealing With Collateral and Other Property



Deadlines and Follow Through