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

2. 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.

3. Small Claims Court
State Specific
South Dakota
North Dakota
Minnesota

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

5. 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?

6. Who is responsible for the bill?
Marriages and Divorces
South Dakota
SDCL
North Dakota
N.D. Cent. Code
Minnesota
Minn. State (a)

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

8. Who is responsible for the bill?
Duty to support grandchildren
“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 §  ”
Emancipated Minors

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

10. 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

11. 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

12. 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

13. 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!

14. 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

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

16. QUESTIONS
CONTACT INFO:
PHONE: