Collecting Debt: Strategies for Navigating Collections Law Effectively for Paralegals and Associates

Alan C. Hochheiser
Alan C. Hochheiser
Maurice Wutscher LLP

Alan Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law.

Jake VanAusdall
Jake VanAusdall
Maurice Wutscher LLP

Jacob “Jake” VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP.

On-Demand: January 9, 2025

2 hour CLE

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Program Summary

Collecting Debt: Strategies for Navigating Collections Law Effectively will focus on compliance with the FDCPA and other collection protection laws. The course webinar will review the FDCPA and its compliance requirements and restrictions. It will also include a discussion on cybersecurity and data protection for the credit and collection industry. In addition, the attendees will learn effective settlement negotiations and how to properly structure repayment agreements. Lastly, there will be a discussion on how to most effectively execute on a judgment and other post-judgment collection tools. The webinar will be a valuable tool for associates and paralegals.

Key topics to be discussed:

  • Navigating Compliance with the FDCPA and Collection Protection Laws
  • Cybersecurity and Data Protection for Creditors and Collection Agencies
  • Effective Settlement Negotiations and Structuring Repayment Agreements
  • Judgment Execution and Post-Judgment Collection Tools

Closed-captioning available

Speakers

Alan C. Hochheiser_myLawCLEAlan C. Hochheiser | Maurice Wutscher LLP

Alan Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors.

Among his accomplishments, he has successfully resolved non-dischargeable claims based upon fraud conversion and breach of fiduciary issues and has successfully handled the assumption of leases in the bankruptcy of a major airline.

Al has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

He is a frequent speaker and author on topics relevant to creditors’ rights and bankruptcy law.

Al is the incoming Chair of the ABA Consumers Bankruptcy Committee, Consumer Committee member of the American Bankruptcy Institute, an associate member of the National Association of Bankruptcy Trustees and a Creditors Auxiliary member of the National Association of Chapter 13 Trustees. Al is also a member of the American Bankers Association, ACA International, the International Association of Privacy Professionals, the Mortgage Bankers Association, RMAI, the Northern Ohio Credit Association, the Ohio State Bar Association and the Cleveland Metropolitan Bar Association.

In addition, Al actively volunteers for several civic associations in his community. He is a regular volunteer for the Montefiore Home-Fairmount Temple Mitzvah Corp., Past Vice President of ARMDI and Past President of the Fairmount Temple Brotherhood.

Al earned his Bachelor of Arts cum laude from the State University of New York at Albany and his Juris Doctor from Case Western Reserve University School of Law.

He is admitted to practice law in Ohio, the U.S. Supreme Court, the U.S. Courts of Appeals for the Third, Fourth and Sixth Circuits and the U.S. District Courts for the Eastern and Western Districts of Michigan, the Northern and Southern Districts of Ohio, the Western District of Pennsylvania and the Eastern and Western Districts of Wisconsin.

 

Jake VanAusdall_myLawCLEJake VanAusdall | Maurice Wutscher LLP

Jacob “Jake” VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP. He practices in the firm’s Consumer Credit Litigation and Commercial Litigation groups predominantly representing creditors and financial institutions. Jake also has substantial litigation experience representing clients involved in intellectual property, construction, business and bankruptcy matters.

Jake also represents numerous clients in the revenue-based financing industry. Jake has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2024), and is a member of the Revenue Based Financing Coalition and Receivables Management Association International.

Agenda

I. Navigating Compliance with the FDCPA and Collection Protection Laws | 1:00pm – 1:30pm

  • Detailed review of the Fair Debt Collection Practices Act (FDCPA)
  • Compliance requirements and restrictions
  • Understanding the rights of debtors to prevent harassment and other violations of the FDCPA
  • Defending alleged violations of the FDCPA before and during litigation

II. Cybersecurity and Data Protection for Creditors and Collection Agencies | 1:30pm – 2:00pm

  • Impact of data breaches on the financial services industry and collection companies
  • Best practices for maintaining compliance, threat detection tools, and response to data breaches
  • Examples of Collection Agencies that have had data breaches
  • Examining damages from data breaches from reputational to financial loss

Break | 2:00pm – 2:10pm

III. Effective Settlement Negotiations and Structuring Repayment Agreements | 2:10pm – 2:40pm

  • Techniques for engaging with debtors to reach favorable settlement terms
  • Structuring settlements and repayment plans to protect creditor interests
  • Strategies for negotiating with difficult or non-responsive debtors
  • Drafting enforceable repayment terms to minimize defaults and protect creditor rights

IV. Judgment Execution and Post-Judgment Collection Tools | 2:40pm – 3:10pm

  • Exploring post-judgment collection methods: Wage garnishment, bank levies, and property liens
  • Identifying and locating debtor assets using legal and investigative resources
  • Best practices for documenting enforcement actions and ensuring compliance
  • Tips for working with clients to choose the most effective post-judgment strategies

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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