Gain an understanding of set-off and recoupment to preserve and exercise your rights to collect the money owed to your company.
Sooner or later some of your customers will have business challenges. Two useful remedies available when your customers are in financial trouble are set-off rights and recoupment rights. You need to know what they are and how to use them. Learning to work with financially stressed customers is key to the success of your company. Many (but not all) of your customers with current problems will survive and thrive. You need to identify and help the survivors, because they will be loyal customers in the future. At the same time you must minimize your risk to those customers who will not make it and know how to collect the money. This topic will discuss the key issues for employing set-off and recoupment rights and some strategies and tactics to succeed in business with those in financial distress and to collect the money owed to your company.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Set-off Rights
- Definition of Set-off Rights
- Application of Set-off Rights in Practice
Recoupment Rights
- Definition of Recoupment Rights
- Applications of Recoupment Rights in Practice
Set-off Rights and Recoupment Rights Compared and Contrasted
- How Are They Different From One Another?
- Actual Effects of the Differences Between Set-off and Recoupment Rights
Review Your Policies and Procedures
- Credit
- Procurement
- Following and Understanding Policies and Procedures
Review Your Contract Documents
Know Your Customer
- What Do Your Documents and File Tell You About the Party With Whom You Are Doing Business?
- What Does Your Sales, Purchasing and Credit Staff Know About the Party With Whom You Are Doing Business?
- What Can You Learn From Industry Sources?
- What Does the Public Record Reveal?
What Are Your Alternatives?
- Other Outlets for the Sale of Products?
- Other Delivery Options?
- Other Payment Options?
- Other Pricing?
Uniform Commercial Code Remedies
Other Collateral
- To Make Your Customer a Better Credit Risk
Finding the Debtor and Finding the Assets
Discovery of Assets Through Court Proceedings: Judgment Debtors Examinations
Ethics in Collections
Collecting the Debt Through Garnishment
Execution Against Real and Personal Property
- Executions Against Real and Personal Property
- Attachments - Proven Methods That Are Workable for Both Sides
- Replevin
Fraudulent Transfers
Understanding Basic Bankruptcy Law From a Creditor's Perspective
- General Considerations
- The Automatic Stay
- Avoidable Preferences
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 14, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
- MT CLE 1.0
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.0 CLE credits.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.2
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty

Michael R. King
Gammage & Burnham, PLC
- Founding member of Gammage & Burnham, PLC
- Practice emphasizes creditors’ rights and construction issues, and also includes consulting and supervising throughout the firm’s areas of business
- Includes emphasis on creditors’ rights, bankruptcy cases, general litigation, loan documentation, workouts, foreclosures and forcible detainers, as well as deficiency collection and accounts collection
- Client list includes banks, mortgage companies, distributors in various industries and leasing companies
- Former director of the Arizona Chapter of the National Association of Credit Managers (NACM)
- Named Best Lawyer in the areas of bankruptcy and creditor debtor rights for the last 10 years by Best Lawyers in America
- Ranked as a Super Lawyer by Super Lawyers
- Ranked as one of Arizona’s Finest Lawyers by Arizona’s Finest Lawyers Foundation
- Can be contacted at https://www.gblaw.com/professional/michael-r-king/
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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