Debt Defense eCourse

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Recorded On: 06/02/2016

  • Register
    • Nonmember - $300
    • Legal Aid Member - $200
    • Private Attorney Member - $200

Nearly 30 million Americans have a debt in collections. Given that the average American household has approximately $15,000 in credit card debt, this trend is likely to remain active for the foreseeable future. Furthermore, as unpaid debt is sold to third-party debt buyers for pennies on the dollar, debt buyers use the courts to sue hundreds of consumers in one fell swoop, often without any knowledge that the debt is still owed or that the amount is correct. Learning how to effectively handle debt defense cases and spot affirmative claims with fee-shifting statutes is an excellent path to start a thriving consumer practice.


About the eCourse

NACA's Debt Defense eCourse is a self-paced, beginner course that teaches how to obtain optimal results for debt collection cases while earning a reasonable fee for the legal services. Using four interactive stories and four webinars, the eCourse teaches how to best litigate based on the fact pattern.

Participants will receive a certificate of completion if they have finished each of the four learning modules by the end of the period. You will receive five CLE credits once you have finished the course. NACA is an approved multi-provider of CLE credits for the California and Pennsylvania. All course registrants from these states will automatically be approved to receive six CLE credits. 

The Internet-based course allows participants a personalized experience, where they set their learning pace, rather than go at the pace of the group. Learners can focus on elements they need to learn and can skip what they already know. There is no travel time and no associated travel costs. Learn when it is convenient for you. Research shows that advantages to eLearning, like this eCourse, include reduced training time and better comprehension and retention.

What You Will Learn

  •     Conduct effective intake that results in litigable cases and fee-generating clients
        Determine the best strategy to litigate common credit card debt defense cases
        Respond to arbitration clauses defensively and use them offensively
        Strengthen the case through cost-effective discovery
        Negotiate a fair settlement for debt defense cases
        Identify fact patterns and defenses that are likely help bolster affirmative claims and lead to fee-shifting counter claims
        In trial, effectively use an understanding of underlying policies and broader systemic challenges associated with debt collection industry to educate judge (and jury)  
        Respond effectively to judicial prejudice, common defense arguments (unjust enrichment), and court annexed arbitration
        Use evidence effectively, including test-liar affidavits, and respond to respond to hearsay exceptions and burden of proof arguments
        Ensure attorney fees are paid and client receives compensation

Course Developers

Judson E. Crump, a consumer finance attorney, went to Birmingham-Southern College and got his law degree from the University of Alabama School of Law. The raison d’etre of his law practice is to protect honest working folks from fraud and financial ruin. He was the 2014 winner of the South Alabama Volunteer Lawyer Program’s Young Lawyer of the Year award and was named a “Rising Star” by Alabama Super Lawyers in 2014 and 2015.

Adrian Lapas graduated from Wake Forest University School of Law in 1993 with a Juris Doctor degree. Prior to that, he graduated in 1990 from the University of North Carolina at Chapel Hill with a Bachelor’s Degree in Political Science. He has been practicing bankruptcy law since 1993. Adrian is certified as a specialist in consumer bankruptcy law by the North Carolina State Bar. Additionally, he is a member of the National Association of Consumer Bankruptcy Attorneys and received a Distinguished Service Award. In the spring of 2010, Adrian testified before the United States House of Representatives Subcommittee on Commercial and Administrative Law on proposed legislation that would affect private student loans in bankruptcy.

Matthew Loker earned his undergraduate degree from the University of Toledo, where he received a Bachelor of Arts in Law and Social Thought with a concentration in Spanish. While attending California Western School of Law, Matthew served as president of the Entertainment & Sports Law Society and vice president of the Alternative Dispute Resolution Society and earned various awards such as the Academic Achievement Award and the Telecommunications Award. Matthew joined the Kazerouni Law Group, APC in 2011 and served in an of-counsel capacity to the firm. In March of 2013, Kazerouni Law Group APC took on Matthew as a full time associate. Matthew has been an instrumental litigation attorney on consumer rights cases. Among many honors, Matthew won the 2015 M&Awards for Best Consumer Rights Lawyer, Lawyers of Distinction Award—Named in the Top 10% of Consumer Attorneys, and Super Lawyers Rising Star, 2017–present.

James Renken graduated from the University of California, San Diego, and Brooklyn Law School. James is admitted to the bars of Minnesota, New York, New Jersey, and the District of Columbia, and to the United States District Courts for the District of Minnesota, the Eastern and Southern Districts of New York, and the District of New Jersey. His pro bono service to indigent clients in Brooklyn, New York was repeatedly recognized by the Brooklyn Bar Association and by the New York State Bar Association‘s Empire State Counsel® program.

Ayalon Eliach

Ayalon Eliach has been working on the NACA Tax Initiative since 2014.  Prior to that, he practiced tax law at Roberts & Holland LLP and Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York City.  He holds a JD, cum laude, from Harvard Law School and a BA, summa cum laude, from Yale University.  His views on tax law have appeared in various publications, including the New York Times and the NYU Review of Law & Social Change.

Suzanne Begnoche

Attorney at Law

Suzanne Begnoche represents plaintiffs in matters involving identity theft, security breaches, unfair credit reporting, and unfair debt collection.  Now in private practice, she was previously a staff attorney handling consumer matters at Legal Aid of North Carolina.   She is a graduate of Duke University and the University of North Carolina School of Law.

Peter Holland

Founder

The Holland Law Firm, P.C.

Peter Holland has a consumer rights practice in Maryland, focusing on helping consumers and consumer lawyers fight debt collection abuse. He has been co-counsel in class action lawsuits resulting in the dismissal of thousands of lawsuits filed by debt buyers and by automobile finance companies. In addition to co-counselling and case consulting, Peter offers lawyer workshops and trainings, as well as one-on-one confidential attorney mentoring in consumer law, trial practice, and sustainable consumer law practice business models.

Key:

Complete
Failed
Available
Locked
Debt Defense eCourse Goals and Objectives
Open to download resource.
Open to download resource. Course Goal Participants will be able to help clients obtain the optimal result for each major kind of credit card collection case, while earning a reasonable fee for the legal services, and empower participants to find creative solutions that work for them and their clients. Objectives At the completion of the course, participants will be able to: 1.Conduct effective intake that results in litigable cases and fee-generating clients 2.Determine the best strategy to litigate common debt defense cases 3.Respond to arbitration clauses defensively and use them offensively 4.Strengthen the case through cost-effective discovery 5.Negotiate a fair settlement for debt defense cases 6.Identify fact patterns and defenses that are likely help bolster affirmative claims and lead to fee-shifting counter-claims 7.In trial, effectively use an understanding of underlying policies and broader systemic challenges associated with debt collection industry to educate judge (and jury) 8.Respond effectively to judicial prejudice, common defense arguments (unjust enrichment), court annexed arbitration 9.Use evidence effectively, including test-liar affidavits, and respond to respond to hearsay exceptions and burden of proof arguments 10.Ensure attorney fees are paid and client receives compensation
eCourse Story Navigation
Open to download resource.
Open to download resource. Please note the relevant documents are embedded in the eCourse as hyperlinks. To navigate to the next slide, click the "next" button. When presented with a choice, click on either the blue or purple button to proceed along that storyline. Sometimes you will be presented with a blue button to find out the answer to a question, please click on the button to find out the answer before you click on the "next" button to advance to the next slide.
eCourse Welcome Message
Open to download resource.
Open to download resource. Thank you for registering for NACA's Debt Defense eCourse. The course consists of four modules: Ron's Story, Christie's Story, Brian's Story and Jane's Story. In each module, you will be introduced to a client story and you will determine how you want to handle the case. Feel free to repeat the modules and choose different paths. Each path will contain different lessons on how to handle challenges that arise during litigation.
Arbitration in Debt Defense Cases Document
Open to download resource.
Open to download resource.
Interactive Stories
Ron's Story
Begin self-paced component package.
Begin self-paced component package.
Christie's Story
Begin self-paced component package.
Begin self-paced component package.
Brian's Story
Begin self-paced component package.
Begin self-paced component package.
Jane's Story
Begin self-paced component package.
Begin self-paced component package.
Webinars
Debt Defense Webinar Video
Open to view video.
Open to view video.
Webinar Debt Defense 101: Trial prep Video
Open to view video.
Open to view video.
Turning Debt Defense Case into a Consumer Practice Webinar Video
Open to view video.
Open to view video.
Webinar: Tax Implications of Attorney Fees Video
Open to view video.
Open to view video.
Survey and Certificate
Debt Defense eCourse Survey
15 Questions
Certificate of Attendance
7.00 CLE credits  |  Certificate available
7.00 CLE credits  |  Certificate available