Litigation Strategy for the Credit Professional
Date: Monday, December 11, 2006
3:00 – 4:00pm eastern Cost: $59.95 per line
Presenter: Scott Blakeley , Esq.
Scott Blakeley will discuss the following items in dealing with a delinquent account:
• When is an account "delinquent"?
• What are the potential sources of collection, from shareholders, to promoters, to guarantors, to successor corporations?
• What assets are available, including sufficiency of security and possible defenses to payment?
The likelihood and effect of bankruptcy on the collection of a delinquent account will also be considered. Such as:
• How to consider document retention, including emails, in collecting on a delinquent account.
• How arbitration and mediation operate as a means to collect the delinquent account, including binding the customer to arbitration and preparing for arbitration.
• How a repayment agreement may be used as a preference defense.
• Looking to the court system to collect a delinquent account.
Mr. Blakeley will reflect on factors such as jurisdiction, prejudgment remedies and timing. He will further discuss the issues of collecting the delinquent account once the vendor has a judgment, including judgment liens, garnishments, writs of possession and judgment debtor’s exams.