Benefits
Timing is often everything when attempting to collect debts and delinquent accounts. A collection dispute can cause prejudicial delays that may severely impair your ability to collect a debt, or worse, may result in the debtor filing a lawsuit against your firm or agency. Collection disputes may take the form of a dispute about the debt itself, whether the debt is owed by the person upon whom a collection demand has been made, about the collector's actions and even about the dispute itself. Learn how to recognize, address and resolve disputes that are commonly asserted, and some less common ones. The failure to resolve collection disputes in an appropriate manner and a timely fashion not only may affect the collection of the debt, but may also expose debt collection firms, individual debt collectors and possibly creditors, to liability under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. This teleconference is essential for you to ensure that you not only maximize your collection of accounts by avoiding delays caused by collection disputes, but also minimize your exposure to debtor lawsuits related to those same disputes. Agenda
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Disputes About the Debt |
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- Payment (Full or Part)
- Settled
- Discharged in Bankruptcy
- Deficiency Waiver
- Statute of Limitations
- Preventing and Minimizing These Disputes
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Disputes About the Debtor |
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- Identity Theft
- Joint and Several Liability
- Guaranty
- Community Property Jurisdictions
- Did Not Personally Incur Debt
- Minor
- Doctrine of Necessaries
- Preventing and Minimizing These Disputes
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Disputes About the Debt Collection Activities |
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- Whose Conduct Is the Debtor Complaining About?
- Creditor
- Debt Buyer
- Debt Collector
- Legal Basis for the Dispute
- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Common Law Liability
- Other Statutory Liability
- Preventing and Minimizing These Disputes
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Disputes About the Dispute |
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- Fair Credit Reporting Act Obligations
- Potential Liability
- Preventing and Minimizing These Disputes
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Disputes in Form of Counterclaim in Pending Litigation |
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- Actions Against Creditor That Have Some Basis
- Actions That Are Misdirected Against Creditor
- Debt Collector Has Been Added as a Third Party
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Faculty
Robert A. Pasch, Murphy Desmond, S.C.
J. Michael True, Murphy Desmond, S.C.
Robert A. Pasch
- Shareholder in Murphy Desmond, S.C., in the Madison, Wisconsin, office
- One of Wisconsin’s Super Lawyers
- In 2010, named one of the Best Lawyers in America in bankruptcy and creditor-debtor rights law
- Holds the highest rating offered from Martindale-Hubbell for more than 30 years
- Practice emphasizes creditors' rights, collection law, contract law, general business representation, mergers and acquisitions, finance, and commercial law and litigation
- Involved in numerous collection lawsuits, other business and commercial litigation in state and federal courts, and has worked with many of the major nationwide commercial and retail collection agencies
- Represents insurers, law firms and collection agencies in Fair Debt Collection Practices Act litigation
- Longtime member of the Commercial Law League of America, the National Retail Collection Attorneys Association, the ACA International, the International Association of Commercial Collectors, and the Conference on Consumer Finance; and member of the State Bar of Wisconsin and past-director of its Bankruptcy, Insolvency and Creditors Rights Section
- His book, Wisconsin Collection Law (2nd edition) which is supplemented annually, is the leading comprehensive publication available on this subject and is now published as volumes 12 and 13 of the Wisconsin Practice Series by Thomson/West
- Co-authored the Collection Remedies chapter of the Wisconsin Guide to Business Law published by the State Bar of Wisconsin
- Graduate, Tulane University and the University of Wisconsin Law School
- Can be contacted at rpasch@murphydesmond.com
J. Michael True
- Attorney in Murphy Desmond, S.C., in the Madison, Wisconsin, office
- Litigation attorney representing defendants in consumer law and commercial litigation matters
- Extensive experience defending individual and class action claims against businesses, corporate entities, creditors, debt assignees and collection agencies alleging violations of federal and state consumer protection statutes, including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, state interest acts, state collection agency acts, and state consumer fraud and deceptive business practices acts
- Provides counsel, consultation and litigation services to law firms, debt buyers and debt purchasers throughout the country
- Member of ACA International, the Illinois State Bar Association and the American Bar Association
- Can be contacted at mtrue@murphydesmond.com
Continuing Education Units
- CBC
- CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
- CPE
- Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Detailed Credit Information
Additional credit may be available upon request. Please call 1-866-352-9540 for more information. Only registered attendee will receive continuing education credit.
Who Should Attend
This teleconference is designed for attorneys, credit and collection managers, presidents, vice presidents, business owners and managers, insurance professionals, lending professionals, bankers and accountants.
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