The Collection Course of Action By Megan Brandriet In-House Counsel for CCB

Legal Disclaimer All information included in this presentation or discussed during this session is presented for educational and general reference purposes only. It is not intended to serve as legal or other advice. The presenter does not represent or warrant that the content is accurate, complete or current for any specific or particular purpose or application. This information is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your attorney.

Small Claims Court State Specific South Dakota North Dakota Minnesota

How To File Small Claims Need DOB or SSN Initiate sue in county patient lives Instructions on websites.

Judgments What can you do with them? How long are they valid? Garnishment Execution How long are they valid? What else are they good for?

Who is responsible for the bill? Marriages and Divorces South Dakota SDCL 25-2-11 North Dakota N.D. Cent. Code 14-07-8 Minnesota Minn. State 519.05(a)

Who is responsible for the bill? Parental Liability South Dakota North Dakota Minnesota Step-Parent Liability

Who is responsible for the bill? Duty to support grandchildren 25-5-18.2 “Parental duty to support certain grandchildren. The parents of a minor mother or minor father may be required to contribute to the support of their grandchild according to their financial means until they are no longer legally responsible to support the minor mother or minor father in accordance with § 25-5-18.1.” Emancipated Minors

Statute of Limitations South Dakota – 6 years North Dakota – 6 years Minnesota – 6 years

1st Party v. 3rd Party Collections 3rd Party collections is governed by the Fair Debt Collection Practices Act (FDCPA) FDCPA requires debt collectors to follow certain guidelines when collecting such as: Do not call before 8 a.m. or after 9 p.m. Must cease communications if asked in writing Cannot harass consumers Cannot call employer if told not to Cannot make any misrepresentations Cannot contact consumer if known to be represented by an attorney Communications with 3rd parties Cannot report false information to credit report

FDCPA & CFPB Concerns Dodd-Frank Act created CFPB CFPB (Consumer Financial Protection Bureau) Using Consumer Financial Protect Act to hold first party collections to FDCPA-like standards UDAAP (Unlawful, deceptive, and abusive acts and practices) 1st party expected to not engage in UDAAPs which would also violate FDCPA

TCPA/Dialer Telephone Consumer Protection Act Protects consumer from dialers being used to call cell phone without prior express consent. Should put this language on initial intake paperwork Appointment reminders are okay, collection calls are not

Consent Forms Either at every visit OR language for 1 year Include express consent for cell phones for your use AND your agent’s (i.e. Collection Agency) Get as much information as possible!

Internal Collection Policies Have them written up and adhere to them as much as possible i.e. 3 notices, 3 phone calls then turn to bad debt Or 90 days past due Consistency is key to avoiding some problems once turned to collections

Miscellaneous Estates Bankruptcies Attorneys Workers Compensation Notice to Creditors Bankruptcies Notice of Filing Communication with agency Attorneys Workers Compensation Personal Injury Credit Reporting

QUESTIONS CONTACT INFO: PHONE: 791-6404 EMAIL: meganbrandriet@ccbinet.com