Learn the latest on Judgment Enforcement & Fair Debt Collection with this 24/7 On-demand Downloadable Seminar & Podcast. Register to obtain CLE & MCLE credit, access to 58 pages of course and reference materials, and attend this on-demand downloadable seminar & podcast. Listen as many times as you wish and even save the files to your computer for future reference.
Judgment Enforcement & Fair Debt Collection Benefits:
24/7 On-demand Seminar & Podcast
Includes access to 58 pages of course and reference material
Register for CLE & MCLE credit - See Specific States Listed Below.
Judgment enforcement & debt collection have become among the most sought after practice areas in the last two years. The weak economy has hindered the already difficult challenge of collecting debt and judgments. A creditor’s ability to collect from a debtor is governed under a web of federal and state legislation that regulates the credit and collection industry, as well as provides consumer debtors protection from abusive and deceptive practices. This on-demand seminar describes the laws governing the process and outlines the best practices to avoid lawsuits from debtors. Our nationally recognized faculty will cover actions available to consumers as well as strategies for attorneys representing creditors. Our faculty will also discuss judgment enforcement, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, ethical rules, trust account procedures, and other regulatory issues. Agenda: Nicholas P. Slade on Defending Against Debt Collection Harassment Claims
1. “Bona Fide Error” Defenses
2. Jurisdiction Guidelines and Issues: Statute of Limitations, Standing, and Personal Jurisdiction
3. Removal of FDCPA claims to Federal Court
4. Litigation Privilege Defense against FDCPA and FCCPA Claims
5. Possible Damages under the FDCPA and FCCPA
6. Attorney’s Fee and Costs Entitlement (Plaintiff and Defendant)
7. Sanctions, Effective Defenses and Counter-claims
8. Rule 11 and Section 1927 Sanctions
Offers of Judgment under Rule 68 of the Federal Rules of Civil Procedure
Use of Discovery in Debt Collection Ernest H. Kohlmyer on Compliance Issues
1. Pre-Collect; Early Out Collections
2. Communications with Debtors/Consumers
3. Communications with Third Parties
4. FDCPA Disclosures: 30 day Validation Disclosure
5. Mini-Miranda Disclosure and “Debt Collector” Disclosure
6. Voice Mail and Electronic Messages
7. Request to Cease Communications
Dealing with Consumers Represented by Attorney
9. Dealing with Unsophisticated Consumers
10. Unfair Practices: Adding Fees, Unauthorized Charges, Charges Incurred by the Consumer, & Postcards and Envelope Restrictions
11. Harassment and Abuse: False and Misleading Representations, Claiming to be an Attorney, Government Affiliation
12. Credit Reporting and the FDCPA Jorge A. Abril on Judgment Collection
1. Judgment Liens & Perfection of Liens
2. Execution & Dormancy of Judgments
3. Garnishment of Wages
4. Compliance with Garnishment Laws
5. Bank Accounts
6. Obtaining Other Assets
7. Domesticating Foreign Judgments Commonly Asked Question & Answer Session Biography of Seminar Faculty:
1. Earnest H. (Skip) Kohlmyer, III
is a pioneer in the debt collections field, an author and highly sought after speaker on compliance with the Fair Debt Collections Practices Act. Mr. Kohlmyer is a partner at South Milhausen, P.A., where his practice focuses on consumer protection litigation, business law, and constitutional law. He has served in leadership positions with the Association of Credit and Collection Professionals. He is a member of the Florida and Georgia bars. Mr. Kohlmyer holds a law degree from the University of Dayton School of Law.
2. Nicholas P. Slade
is a licensed attorney admitted to practice in the State of Minnesota and a partner in Barry & Slade, LLC. His practice focuses exclusively on protecting consumers’ rights. Mr. Slade began his career with the Ramsey County Public Defenders’ Office, until he opened his own law practice. Prior to a career in law, Mr. Slade served for three years on active duty with the U.S. Army. He is a graduate of Hamline University School of Law and admitted to practice in the State of Minnesota.
3. Jorge M. Abril
has practiced law for over 22 years, with a focus on representing businesses throughout the United States and abroad. Mr. Abril concentrates on consumer and commercial collections and related litigation, including post judgment remedies, proceedings supplementary, fraudulent conveyances and shareholder liability. In addition, he maintains an active practice in the area of healthcare collections and healthcare reimbursement, representing hospitals, physicians and ancillary providers in managed care litigation under the Florida HMO Act and Federal Court litigation arising from disputes under the Employee Retirement Income Security Act (ERISA). Mr. Abril possesses over 30 years experience in the debt collection industry and is a frequent lecturer in issues including the FDCPA, the FCRA, HIPAA, TILA, the Florida Hospital Lien Ordinances, and numerous other credit, collection, consumer privacy and healthcare related matters. He is a graduate of California State University Los Angeles and the Shepard Broad Law Center at Nova Southeastern University. Who should attend this seminar?
Attorneys, paralegals, and legal professionals.
Listen as many times as you wish and even save the files to your computer for future reference.CLE ACCREDIATION: The Rossdale Group, LLC is a national leader in attorney education and has trained thousands of attorneys, paralegals, and other legal professionals.
Register for CLE & MCLE credit with the following jurisdictions.
1. Alabama State Bar MCLE Commission for 1.5 MCLE credits
2. State Bar of California for 1.5 MCLE credits
3. The Florida Bar for 2.0 CLE credits
4. Georgia Bar for 1.5 CLE credits
5. Idaho State Bar for 1.5 CLE credits
6. Mississippi Commission on Continuing Legal Education for 1.5 CLE credits
7. The State of Nebraska for 1.5 CLE credits
8. The Nevada Board of Continuing Legal Education for 1.5 CLE credits
9. The New Mexico Minimum Continuing Legal Education Board for 1.5 CLE credits
10. The New York State Bar for 1.5 CLE credits
11. The Oregon State Bar for 1.5 CLE credits
12. The Utah State Board of Continuing Legal Education for 1.5 CLE credits
13. The Washington State Board of Continuing Legal Education for 1.5 CLE credits
14. The Wisconsin Board of Bar Examiners for 1.5 CLE credits
15. The Wyoming State Bar for 1.5 CLE credits You will receive the on-demand downloadable seminar, online access to course and reference materials, and be registered for CLE credit when you check-out with a credit card or your check is processed.
Additional states - call customer service at (888) 626-3462REGISTER FOR CLE CREDIT AND LISTEN & LEARN AT YOUR CONVENIENCE WITH THIS 24/7 ON-DEMAND DOWNLOADABLE SEMINAR.
You will receive an on-demand download of the seminar, accompanying materials, and information to report the CLE credits as soon as you register with a credit card or when we process your check.