Collection attorneys are at the forefront of a growing trend by debtors to bring suit against collection professionals and their clients. Debtors are using the Fair Debt Collection Practices Act and other federal statutes to assert claims against collection attorneys and their staff for prosecuting collection lawsuits and sending collection letters. This topic will identify the most recent types of claims that are being asserted against collection lawyers; and help you develop better practices and policies to avoid or minimize the risks of debtors litigating against you. Discuss claims regarding collection letters and the envelopes in which they are mailed, as well as claims based on the allegations raised in a collection lawsuit complaint. Also discuss trends to vacate default judgments and recent litigation against collection attorneys for seeking default judgments, as well as recent California legislation regarding setting aside default judgments. This topic discusses under what circumstances you can seek prejudgment interest and attorneys' fees, and whether you can request these in collection letters. Collection attorneys have become a target for claims by debtors and investigations by the federal Consumer Financial Protection Bureau. These claims can result in judgments or settlements of many thousands of dollars. This topic is critical to identifying these new trends in litigation against collection attorneys and developing practices and procedures to minimize the risk of these new types of claim.
Agenda
Faculty
June D. Coleman
Kronick Moskovitz Tiedemann & Girard
- Shareholder in the office of Kronick Moskovitz Tiedemann & Girard
- Practice emphasizes all aspects of defending collection professionals, including collection attorneys, in litigation and on appeal, in individual and class actions venued in state and federal courts throughout California, as well as representing collection attorneys in front of the California State Bar, from the investigation stage to disciplinary actions
- Conducts regular seminars and workshops nationally and locally regarding claims against professionals in the financial services industry for the National Association of Retail Collection Attorneys, the California Creditors Bar Association, the American Collectors Association, the California Association of Collectors, and the Debt Buyers Association
- Wrote several publications related to the financial services industry and collection professionals, including the CFPB Chapter in the CEB treatise, Debt Collection; and annual review of the California Rosenthal Fair Debt Collection Practices Act for the California Association of Collectors
- Director in the National Association of Retail Collection Attorneys; vice president In the California Creditors Bar Association, member of steering committee overseeing collection attorneys and in house counsel in the American Collectors Association, member California Association of Collec-tors; member of the Debt Buyers Association
- Received the highest rating from Martindale-Hubbell Law Directory, and included in the Northern California super Lawyer List (2008 to 2012 and 2014 to 2015); Sacramento Business Journal's Best of the Bar List (2013to 2015), and Sacramento Magazine's inaugural Top Attorney List (2015)
- J.D. degree, with Great Distinction, McGeorge School of Law; B.S. degree, California State University, Sacramento
- Can be contacted at 916-321-4500, [email protected] or and @JuneColeman15
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