Program Description Ensure Your Clients Get Paid Winning a judgment against a bad debt doesn’t necessarily mean cash in hand. Do you have a firm grasp of the procedures for legally collecting that debt? Are your recovery actions in compliance with the strict guidelines governing collection? Don’t rush in unprepared. Maximize your chances for recovery with the practical steps provided in this strategic seminar. Enroll today!
- Avoid collection activities that violate the FDCPA and/or state laws.
- Learn best practices for discovering debtor assets both pre- and post-judgment.
- Recognize what provisional and final remedies are available to creditors to collect what is owed.
- Walk through the procedural steps for executing wage garnishments, judgment liens, attachments and other methods of collection.
- Know the creditor’s rights when collecting debt and when the debtor files for bankruptcy.
Who Should Attend This basic-to-intermediate level seminar is primarily designed for attorneys and other legal professionals. Those who may also benefit from the collection techniques provided include: collection and loan officers, accounts receivable personnel, credit managers, bankers and controllers. Course Content
- The Fair Debt Collection Practices Act (FDCPA) and State Collection Laws
- Ethical Issues in Collection
- How to Find Debtors and Their Assets
- Obtaining a Judgment: A Procedural Guide
- Collecting a Judgment: A Procedural Guide
- Creditors’ Rights When a Debtor Files Bankruptcy
Continuing Education Credits: Continuing Legal Education CLE 7.20 – NJ CLE 7.00 – NY*
Continuing Professional Education for Accountants
CPE for Accountants: 7.00 Institute of Certified Bankers
ICB: 6.75* * denotes specialty credits Agenda THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) AND STATE COLLECTION LAWS
9:00 – 9:45, Richard A. Klass
Scope of the FDCPA Understanding the Actions Permitted or Restricted by the Act Demand Letters: Pitfalls to Avoid Liability and Defenses State Collection Laws and Their Application/Preemption
ETHICAL ISSUES IN COLLECTION
9:45 – 10:45, Richard A. Klass Communication With Clients and Other Parties Disclosure Issues Aggressive Collection Practices Unauthorized Practice of Law Reporting Professional Misconduct
HOW TO FIND DEBTORS AND THEIR ASSETS
11:00 – 12:00, Michael Cardello III Prejudgment Discovery Methods Personal vs. Business Assets Replevin/Self-Help Repossession Considerations
OBTAINING A JUDGMENT: A PROCEDURAL GUIDE
1:00 – 2:00, Michael Cardello III Filing the Lawsuit Service of Process Affirmative Defenses and Counterclaims Judgments (Default, Summary, etc.)
COLLECTING A JUDGMENT: A PROCEDURAL GUIDE
2:15 – 3:15, Kenneth H. Wurman Post-Judgment Discovery Judgment Liens Wage and Bank Account Garnishment Attachments Writ of Execution/Seize and Sale by Sheriff Charging Orders Debtor Slow-Pay Motions Turnover/Receivership Exemptions by Debtors Dealing With Fraudulent Transfers
CREDITORS’ RIGHTS WHEN A DEBTOR FILES BANKRUPTCY 3:15 – 4:30, Michael D. Brofman Speakers RICHARD A. KLASS is an attorney in the Brooklyn office of Your Court Street Lawyer. Mr. Klass is an arbitrator for the small claims part of the civil court of the City of New York, County of Kings. He practices in the areas of collections, bankruptcy, debtor and creditor, commercial litigation, legal malpractice, medical malpractice, personal injury, real estate condominium law, family law, divorce, child custody and private placement adoption law, wills, probate, trusts and estates. Mr. Klass has written numerous articles and has lectured frequently for the Brooklyn Bar Association and New York County Lawyers Association, as well as other professional groups and organizations. Mr. Klass is a member of The American Association for Justice, the New York State Bar Association, the New York County Lawyers Association (chair, The Mentoring Program, Group Mentoring Program) and the Brooklyn Volunteer Lawyers Project (Pro Bono Counsel). He earned his B.A. degree from Hofstra University and his J.D. degree from New York Law School. MICHAEL D. BROFMAN is a member in the New Hyde Park law firm of Weiss & Zarett P.C., where he practices in the areas of bankruptcy law, debtor/creditor rights, non-judicial workouts and commercial litigation. He has lectured for the Nassau County and New York State bar associations on topics relating to his areas of practice, and is a frequent lecturer for National Business Institute on bankruptcy and secured creditor topics. He is a member of the Nassau County (member, Bankruptcy and Bank sections) and the New York State (member, Committee on Bankruptcy Law and General Practice Section) bar associations, the American Bankruptcy Institute and the Volunteer Lawyer’s Project Pro Bono Bankruptcy Panel. Mr. Brofman earned his B.A. degree from the State University of New York at Binghamton and his J.D. degree from Fordham University. MICHAEL CARDELLO III is a partner in the Litigation Department of Moritt Hock & Hamroff LLP, concentrating in business and commercial litigation. Mr. Cardello represents large and small businesses, financial institutions and individuals in federal and state courts. He has a wide range of experience that includes trials and appellate work in the areas of corporate disputes, shareholder derivative actions, dissolutions, construction disputes, equipment and vehicle leasing disputes and other complex commercial and business disputes. Mr. Cardello earned his B.A. degree in marketing, his M.B.A. degree in finance and his J.D. degree from Hofstra University. While in law school, he was associate editor of the Hofstra Law Review. Mr. Cardello is the current vice-chairman of the Commercial Litigation Committee of the Nassau County Bar Association and also is a member of the Alternative Dispute Resolution and Securities Committee of the Nassau County Bar Association. He lectures on discovery, trial practice, equipment and vehicle leasing issues and e-discovery. KENNETH H. WURMAN is a partner in the law firm of Naidich Wurman Birnbaum & Maday, LLP, where his practice areas, for more than 30 years, include collections and real estate. Mr. Wurman is a lecturer for National Business Institute on collection matters. He earned his B.S. degree from the State University of New York at Albany and his J.D. degree from New England School of Law. Mr. Wurman is a member of the Nassau County and New York State bar associations.
For more information and to register, click this link:
http://www.nbi-sems.com/SemTeleDetails.aspx/R-57049ER%7C?ctname=SPKEM ———– copyr. 2011 Richard A. Klass, Esq. The firm’s website: www.CourtStreetLaw.com Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn Heights, New York. He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions. Prior results do not guarantee a similar outcome.
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