LAWS230 Creditor, Debtor Rights and Remedies
Department of Business Studies: Paralegal/Law
Course Number and TitleLAWS230 Creditor, Debtor Rights and Remedies
Number of Credits3 credits
Minimum Number of Instructional Minutes Per Semester2250 minutes
PrerequisitesLAWS100 or LAWS110
Other Pertinent InformationNone
Catalog Course DescriptionA study of the major elements of debt collection, including customer fair debt collection practices, self-help repossessions, mortgage, mechanic's lien law with an emphasis given to federal bankruptcy.
Required Course Content and Direction
- Develop an understanding of the role of the paralegal in a debt collection practice.
- Understand the ethical and legal issues in debt collection practice
- Understand the rights of debtors in the debt collection process.
- Recognize those areas of practice that are likely to be encountered in a law office engaged in the specialty of debt collection and bankruptcy.
- Recognize and have a general familiarity with the substantive issues in this specialized area of this practice.
- Understand the procedural litigation issues in this area of practice.
- Understand the state and federal consumer protection laws.
- Understanding of the impact of Federal Bankruptcy on the collection process.
Planned Sequence of Topics and/or Learning Activities:
- Introduction; Creditors with liens; Creditors with Priority; Extra judicial Collection; Dunning Procedures
- Repossession v. Replevin; Federal Fair Credit Reporting Act,Federal Truth In Lending
- Federal Fair Debt Collection Practices Act
- Mortgage Foreclosure Procedure Under PA RCP generally and under PA. R.C.P 3129 specifically; Act 6 of 1974; Usury; Legal Defenses; Judgment and Sheriffs Sale of Real Estate; Actions in Ejectment and Quiet Title, Confession of Judgment on the Note; Types of Mortgages; Mortgage Conditions; Recording and Satisfaction of Mortgages; Discharge and Satisfaction; Act 91 of 1953; Review of Mortgage Foreclosure Pleadings
- Judicial Debt Collection; Statute of Limitations; Judgment By Award or Verdict; Default Judgment; Foreign Judgment; Confession of Judgment
- Post Judgment Collection; Execution; when Lien is Acquired;Sheriffs Sales; Property Claims; Depositions and Interrogatories in Aid of Execution; Garnishment. Record Keeping and management for debators.
- Common Law Possessory Lien; Artisan Lien; Attorney''s Lien; Innkeeper Lien; Pennsylvania Mechanic''s Lien Law of 1963
- Municipal Tax Claims; Federal Tax Liens Assignments for the Benefit of Creditors Composition and Extension
- Bankruptcy Chapter 7 Liquidation
- Bankruptcy - Chapter 13 Rehabilitation for Individuals with Regular Income
- Chapter 11 Business Reorganization; Petition; Schedules and Statement of Affairs; Continued Operation of Business; Creditors Committee; Operating Statements; Plan and Disclosure Statement; Acceptance; Confirmation
Assessment Methods for Core Learning Goals:
Reference, Resource, or Learning Materials to be used by Students:
- See course outline for required textbook and other supplements.
- Selected readings from periodicals and newspapers
Teaching Methods Employed
- Reading assignments
- Classroom lectures
- Discussion of questions, exercises and problems, cases and projects
- Audiovisual aids
- Computer exercises including online access to bankruptcy court
Review/Approval Date - 9/02