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Sponsored by Lorman Education
Product ID: 406084EAU
 
Credit & Course Provided by:

Set-Off and Recoupment Rights and other Best Practices and Guidelines

OnDemand Webinar (65 minutes)

Gain an understanding of set-off and recoupment to preserve and exercise your rights to collect the money owed to your company.Sooner or later some of your customers will have business challenges. Two useful remedies available when your customers are in financial trouble are set-off rights and recoupment rights. You need to know what they are and how to use them. Learning to work with financially stressed customers is key to the success of your company. Many (but not all) of your customers with current problems will survive and thrive. You need to identify and help the survivors, because they will be loyal customers in the future. At the same time you must minimize your risk to those customers who will not make it and know how to collect the money. This topic will discuss the key issues for employing set-off and recoupment rights and some strategies and tactics to succeed in business with those in financial distress and to collect the money owed to your company.

Authors

Michael R. King, Gammage & Burnham, PLC

Agenda

Set-off Rights

• Definition of Set-off Rights

• Application of Set-off Rights in Practice

Recoupment Rights

• Definition of Recoupment Rights

• Applications of Recoupment Rights in Practice

Set-off Rights and Recoupment Rights Compared and Contrasted

• How Are They Different From One Another?

• Actual Effects of the Differences Between Set-off and Recoupment Rights

Review Your Policies and Procedures

• Credit

• Procurement

• Following and Understanding Policies and Procedures

Review Your Contract Documents

Know Your Customer

• What Do Your Documents and File Tell You About the Party With Whom You Are Doing Business?

• What Does Your Sales, Purchasing and Credit Staff Know About the Party With Whom You Are Doing Business?

• What Can You Learn From Industry Sources?

• What Does the Public Record Reveal?

What Are Your Alternatives?

• Other Outlets for the Sale of Products?

• Other Delivery Options?

• Other Payment Options?

• Other Pricing?

Uniform Commercial Code Remedies

Other Collateral

• To Make Your Customer a Better Credit Risk

Finding the Debtor and Finding the Assets

Discovery of Assets Through Court Proceedings: Judgment Debtors Examinations

Ethics in Collections

Collecting the Debt Through Garnishment

Execution Against Real and Personal Property

• Executions Against Real and Personal Property

• Attachments - Proven Methods That Are Workable for Both Sides

• Replevin

Fraudulent Transfers

Understanding Basic Bankruptcy Law From a Creditor's Perspective

• General Considerations

• The Automatic Stay

• Avoidable Preferences