Debt Defense eCourse

Filed under: 
| Skill areas: 
Client Management
,
Combating Common Defense Themes
,
Conducting Negotiations and Settlement
,
Discovery
,
Evaluating Damages & Resources
,
Spotting and Investigating the Legal Issue
,
Strategy: Structuring and Plotting the Case
,
Trial Skills

Registration Information

Members: $200 (Note: NACBA members can register at the NACA member rate. Email Rebecca Smolar to receive a discount code.)

Nonmembers: $250 (Note: nonmembers need to be verified. Email Rebecca Smolar to start the process.)

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 three webinars, the eCourse teaches how to best litigate based on the fact pattern.

Participants will have access to the course for two months and will receive a certificate of completion if they have finished each of the four learning modules by the end of the period. There is the potential of earning three CLE credits. NACA is an approved multi-provider of CLE credits for the State of California. All course registrants from California will automatically be approved to receive three CLE credits.  This course has also been approved for three CLE credits in Minnesota.  

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.