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|Litigation Boot Camp|
Are you and your Associates prepared for trial? Stay at the cutting edge of developments in our industry by gaining the tactical know-how to use legal action as a means of debt collection.
“National Creditors Bar Association’s Litigation Boot Camp is a fantastic opportunity to up-train Associates on their collection litigation skills. I sent two Associates to Litigation Boot Camp and they both still talk about how much they learned and how valuable attending was for them.”
Levy & Associates, LLC
President, National Creditors Bar Association
2018 Fall Litigation Boot Camp
Washington University School of Law, St. Louis, MO
Monday, November 12, 2018
An Incredible Educational Value!National Creditors Bar Association Attorney Member: $265 Non-Member Attorney: $305
Appearance Counsel: $290
Collections Staff (Non-Attorney) National Creditors Bar Association Member: $200
Collections Staff (Non-Attorney): $225
Prices include lunch.
9:00 - 9:10 a.m. Welcome and Introduction
In this session, our presenters will introduce the basics of commencing litigation. Included will be the theories upon which collection litigation can be brought, drafting pleadings that meet legal requirements and the administrative elements of filing suit, including fees, costs and service of process.
What to expect after filing a complaint? This session will cover the range of possible consumer responses, including informal disputes from pro se consumers, answers, preliminary objections, counterclaims, and associated responses and hearings. Why and what types of discovery might be used and discovery basics will also be discussed.
Rules of evidence are critical, even in the relaxed environment of some small claims courts. This introductory session will cover common evidentiary concepts of admissibility, judicial notice, introducing evidence into the record, hearsay and its exceptions, all essential elements to proving claims based on unpaid debt.
Collection litigation can generate ethical issues, especially in today’s climate where attorneys can be placed in conflict with their clients by regulatory requirements. How much of a consumer’s personal information can be included in pleadings? What attorney conduct in the course of litigation could lead to allegations of an FDCPA violation? Interactions with pro se debtors and considerations when counterclaims are filed, and more will all be addressed in this session.
Almost every collection case will rely on business records. It has become common for courts to require complete documentation when litigating a claim. This vital session will include advice on the evidentiary predicate for the admission of business records in both motion practice and trial, especially those originating with remote account holders. The session will also provide effective techniques to help the debt purchaser prevail at trial and at the appellate level.
The essence of every trial attorney’s practice is the ability to effectively examine live witnesses. This session will cover the who, what, how, when and why’s of witness examination. Direct and cross examination, and use of prior witness statements are core tools that will be covered in this session.
The National Creditors Bar Association has applied for CLE credit in Illinois and Missouri for maximum reciprocity opportunities and attorneys licensed in other states will be given the necessary materials to self-report.