October 23 at 1:00 - 2:30 pm EST
Learn procedures relating to post-judgment files as well as collection of money judgments and steps to take in order to locate assets of a judgment debtor.
This material will cover the laws and procedures relating to collection of money judgments, including an explanation as to the steps a judgment creditor can take to locate assets of a judgment debtor and the court procedures available for attaching a judgment debtor’s real or personal property. This topic will also discuss how a debtor’s bank account and/or wages can be applied toward payment of the judgment debt. Additionally, the impact of bankruptcy on the rights of a judgment creditor will be analyzed.
This topic will benefit lawyers engaged in creditor rights and collection as well as paralegals who assists those attorneys. The material is also appropriate for collection agencies and original creditors who resort to a court action for collection of debts.
- You will be able to explain the procedures for executing on a judgment by levying on real or personal property.
- You will be able to recognize the specific rules relating to attachments on joint property.
- You will be able to describe the alternative remedies and procedures available to a judgment creditor who is unable to attach wages or bank accounts.
- You will be able to identify the steps that a judgment creditor can take to satisfy a judgment.
- Filing Judgment Rule
- Effect of Appeal
- Perfecting Lien on Real Property
- Statute of Limitations
- Debtor Examination
- Discovery From Third Parties
- Requests to Produce Documents
- Subpoena of Bank Records
- Internet Sources
- Skip Tracing Vendors
- Work/Bank Search Vendors
- Public Records
- Federal Exemptions
- State Laws as to Rights to Garnish
- State Law Exemptions
- Continuing in Nature vs. Time Limitation
- Defenses to Garnishment
- Wrongful Garnishment
- Treasury Regulation Excluding Exempt Funds
- Joint Bank Accounts
- Garnishee Obligations
- How State Law Exemptions Apply
- Judgment Against Garnishee
- Lien of Judgment
- Joint Title Issues
- Service of Levy
- Notice of Sale
- Public Sale
- Sheriff's Deed
- Tangible Property
- Intangible Property
- Levy or Leave vs. Levy and Seize
- Expenses of Storage
- Public Sale
- Disposition of Process
- Charging Order
- Ancillary Relief
- Receiver/Involuntary Bankruptcy
- Fraudulent Conveyance
- Automatic Stay
- Avoidance of Liens
- Unscheduled Debts
- Non-Dischargeable Debts
- Objection to Dischargeability
Who should attend?
- Founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland and has been engaged in the private practice of law since 1980
- Recognized authority on creditors' rights and the regulation of collection practices
- Represented creditors, attorneys and collection agencies in complex litigation in both federal and state courts
- Successfully prosecuted appeals before state and federal courts on a number of significant issues affecting the credit and collection industry
- Appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first fair debt collection practices case to reach the supreme court
- Well known speaker on creditors' rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations; has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues
- Published articles in law reviews and trade publications on creditors' rights issues; was an adjunct professor at the University of Baltimore School of Law and a lecturer on business law at the Robert H. Smith School of Business at the University of Maryland
Live Webinar Registration
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- 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: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NJ CLE 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Skills 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. 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 credit for established attorneys only. 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 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
- WI CLE 1.5
- This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- CPE 1.8 including Business Law 1.8
- Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: basic knowledge of business financials. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.