Course Description:

Consumer debt collection is among the most regulated areas of business there is. In fact, the United States is known to be "debtor-friendly", meaning debtors typically have more rights and protections than creditors. The Federal law that regulates consumer debt collection is the Fair Debt Collection Practices Act. Companies that have full knowledge of this Act normally fare ok with debtors. Those that do not risk a civil lawsuit. The issue is that the Act itself is open to interpretation in many areas, and even veteran collectors get tripped up by it. Business-to-business (commercial) debt collection is governed by the Uniform Commercial Code, and the government tends to take a more "hands off" approach. This seminar will delve into both consumer and commercial debt collection regulations, and offer best practices to increase your company's rate of recovery while remaining within the bounds of the law. We will also cover how to handle being sued by a debtor for alleged violations of the law, and how to pursue aggressive collection techniques properly. Finally, the seminar will cover how to handle a debtor bankruptcy.

Learning Objective:

  • Learn how to increase Accounts Receivable recovery without violating Federal law
  • Learn how to use the credit bureaus as one of your biggest weapons against debtors
  • Learn how to use more aggressive collection techniques like judgments and garnishments
  • Learn how to minimize the impact of a lawsuit brought by a debtor for violation of Federal law
  • Learn how to deal with people other than the debtor to obtain information you need to collect on delinquent accounts
  • Learn how to deal with debtor bankruptcy and understand what you MUST do to protect your rights

Course Benefits:

  • Full understanding of the Fair Debt Collection Practices Act
  • Full understanding of the Bankruptcy Code and how to protect your rights
  • Comprehensive analysis of the three major areas of the FDCPA that trip up even experienced collectors
  • Comprehensive analysis of the civil lawsuit process and how to defend yourself in court if sued by a debtor

Seminar Fee Includes:

AM-PM Tea/Coffee
Seminar Material
USB with seminar presentation
Hard copy of presentation
Attendance Certificate
$100 Gift Cert for next seminar

Areas Covered:

  • Fair Debt Collection Practices Act
  • Fair Credit Reporting Act
  • U.S. Bankruptcy Code
  • Medical Collections - HIPPA Guidelines
  • Uniform Commercial Code - Personal Guarantees and Promissory Notes
  • Choosing a Collection Agency - And Knowing When to Find a New One
  • New Law Related to Bankruptcy Filings You MUST Know About
  • How One Simple Email Can Land You in Court
  • Being Sued by a Debtor - Best Practices

Who Will Benefit:

All professionals who want to expand their knowledge in the fields of consumer and commercial debt collection strategies. Case studies and interactive exercises will reinforce concepts learned. Best for Accounts Receivable staff, Controllers, and Collection Agency personnel.

Course Outline:

Day One (8:30 AM – 4:30 PM) Day Two (8:30 AM – 4:30 PM)

Registration Process: 8:30 AM – 9:00 AM

Session Start Time: 9:00 AM

  • Introduction to Debt Collection and the Regulatory “Backdrop”
  • Fair Debt Collections Practices Act
    • Origin and History
    • The Three Areas that Trip Up Even Seasoned Collectors
    • Harassment, Threats, Illegal 3rd-Party Disclosure
    • Penalties for Violating the FDCPA
  • Case Study One – The Collection Agency That Would Not Quit
  • Fair Credit Reporting Act
    • Origin/Purpose
    • Why It’s Your Biggest Weapon
  • Educating the Debtor Regarding Negative Items on their Credit Reports
    • The “1099-C” Strategy for Lenders
  • Uniform Commercial Code and HIPPA
    • Overview of Sections Pertinent to Commercial Collections
    • Promissory Notes and Personal Guarantees
    • How to Properly Structure Trade Credit Terms
    • Remaining Within HIPPA Guidelines during Medical Collections
  • Case Study Two – Lapses in the Commercial Credit Process
    • Proper sequencing of documentation
    • Determining whether or not to extend trade credit
  • National Association of Credit Management
    • Understanding Credit Fraud and Preventing It
  • Comprehensive Case Study: Different types of credit fraud
  • The Bankruptcy Code
    • The CRITICAL Difference Between “I am broke” and “I am bankrupt”
    • General Background of Bankruptcy Laws
  • Chapter 7 Bankruptcy
  • Chapter 11 Bankruptcy (Commercial Only)
  • Chapter 13 Bankruptcy
  • Chapter 9 Bankruptcy (Specific to Public Entities)
  • Chapter 12 Bankruptcy (Farms and Fisheries)
  • Protecting Your Rights during Debtor Bankruptcy
    • Dealing with the Court
    • The Meeting of Creditors
    • Two Things You MUST Do to Protect All the Money You Are Owed
  • The “Means” Test – Chapter 7 versus Chapter 13 Bankruptcy
  • Aggressive Collection Techniques
    • Foreclosure/Repossession
    • Judgments and Garnishments
    • The Homestead Exemption and Other Exempt Property
    • Why a Judgment is No Guarantee You Will Ever Get Your Money
  • Being Sued by a Debtor
    • Flowchart of Process
    • Why Settling Out of Court Might Be Your Best Option
  • Choosing a Collection Agency versus Staying “In-House”
  • Accounts Receivable Aging Schedules – What They Are REALLY Telling You
  • Examples and Comprehensive Case Study.

Meet Your Instructor

Scott Transue
Owner, Freedom Day Tax and Accounting LLC

Scott has presented seminars in over 30 states. He holds Enrolled Agent licensure through the Internal Revenue Service, giving him unlimited representation rights for taxpayers experiencing collection issues with the IRS. He holds a Master of Public Administration degree from SUNY-Albany and is a Continuing Education instructor for ComplianceOnline. He has co-authored one book and is contributing author to two others. He owns his own tax firm, Freedom Day Tax and Accounting LLC.

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Local Attraction

More than 450 activities await you at this non-profit facility dedicated to promoting a better understanding of science and technology. The Saunders Planetarium shows you the stars. Step inside the Gulf Coast Hurricane exhibit for a blast of tropical nightmare. At the IMAX Dome Theatre, the world is bigger than life, filled with odd sights and sounds on a huge screen. Souvenirs ranging from totes and T-shirts to puzzles and posters are available at the Science Store. For refreshment, the MOSI Café offers pizzas, salads and sandwiches. In late February, the BARF (Bay Area Renaissance Festival) takes place here.

Housing the largest collection of Salvador Dali works in the world, the museum offers a regularly changing exhibit of the legendary surrealist artist's melting-watch canvases and a wide variety of his sculpture and fiber objects that are, at the very least, intriguing. One memorable creation toasts the cocktail party; it is a vest covered with full glasses of creme de menthe. Daily tours seek to explain this complex man and his equally complex art. In the museum store you can select a memento of your surreal experience. Do check the website or call for timings.

Established in 1979, this museum houses more than 4,500 objects in its permanent collection and exhibits the largest collection of Greek and Roman antiquities in the Southeast. The Center Gallery displays themed exhibitions from the permanent collection. For a look at 19th and 20th century sculpture set against the backdrop of the Hillsborough River, visit the Terrace Gallery. Stroll through the Outdoor Courtyard featuring contemporary sculptures, fountains and bronze work. For gifts, books, children's items or home accessories, stop by the museum store.

Craftsman House is a gallery that showcases contemporary art works. The lush green lawns and beautiful garden welcome visitors in to this creative space. Owned and managed by Stephanie Schorr, it is a gallery-cum-working studio. Here, you will see umpteen art works displayed; jewelry, glass designs and much more work of local and national artists make for its splendid collection. It also has an on-site café serving delicious short eats and variety of beverages including beer and wines. Apart from the art works, Craftsman House also has a pottery studio that features colorful mugs, pots, vases and other wares that will adorn your living room. The innovative designs and art pieces are truly worth a look; so go ahead and visit the Craftsman House soon.

Located right across the street from Busch Gardens Tampa Bay, Adventure Island’s 30 acres of water-drenched fun in the sun features the ultimate combination of high-speed thrills and tropical, tranquil surroundings for guests of all ages. Within a soothing Key West atmosphere await slides, corkscrews, water falls, a wave pool, children’s water playground and other family attractions.

At Busch Gardens, animals roam free and you are the outsider. You can see the park by monorail, cable car or train. Roller coasters, wild animals, entertaining shows, rides, food, shopping, sightseeing, bird shows, exotic flowers, train rides, Serengeti adventures, river rapids...the list goes merrily on. Wear comfy walking shoes and spend the day at this 300-acre park. You can even taste the Anheuser Busch brew that started it all. Busch Gardens is open year-round with varying schedules. Call or see Web site for details.

The Florida Aquarium gives visitors an all-access pass to the mysteries of the deep. Observe seahorses, lobsters, colorful fish, moray eels, gators, river otters, Australian sea dragons and many more. If you're feeling truly adventurous, take advantage of the "Swim with the Fishes" or "Dive with the Sharks" programs (advance reservations required). Kids will love the wide range of colorful and fun-filled interactive displays. The aquarium also sponsors ecotours aboard a 64-foot catamaran, affording patrons an opportunity to get even more up-close-and-personal with the sea. See website for complete list of attractions, calendar of events and more.

This scenic village with its nautical heritage and waterfront location offers an assortment of shops, boutiques, restaurants, water sports and entertainment. Located near the sands of Madeira Beach, John's Pass Village is renowned throughout the Bay Area as a site of good crafts and artisans, as well as casually comfortable seafood eateries. Weekends, the Village puts its best fin forward with street shows that include plenty of musical entertainment. From its boardwalk and marina, you can enjoy a free dolphin watch or take off aboard small cruise ships and fishing charters.

Tampa's first zoo can trace its history back to the 1930s. In 1957, this collection of animals and birds was moved to its current location. Recognized as the "Number One Family-Friendly Zoo in the U.S." by Child magazine, Lowry Park Zoo features 2,000 animals on 56 acres of lush, natural habitats comprising seven main exhibit areas: Asian Gardens, Primate World, Free-Flight Aviaries, Florida Boardwalk, Florida Manatee and Aquatic Center, Wallaroo Station children's zoo, and Safari Africa. Gift shops, refreshment stands and cafes are located throughout the park.

If you've wondered how sun and wind supply power and water and how a host of other things work, this is the spot to find out. This environmental and educational center located at a 50-acre park is highly recommended not only for its low price, but also for its fine educational offerings. You can see a lake, upland forest and wetlands environment here and spot most of the plant and animal species native to this area. A mile-long nature trail winds through the park and an Interpretative Center features wildlife exhibits, displays, information, a classroom and a laboratory.

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