Traditional debt collection strategies are often frustrating to clients, especially in those situations where the debtor resists by waging a grueling war of economic attrition as a defense to a typical debt collection lawsuit. Debtors can often “game the system” by delay tactics during litigation, add elements of risk to the equation by filing counterclaims, can often defeat summary judgment motions by creating factual uncertainty, and all the while can be restructuring their financial affairs to place their assets beyond the reach of their creditors. Many creditors are reluctant to file suit against debtors for fear that they’ll only be ‘spending good money chasing bad debts.’ Is there any option available to creditors to assure that there is a proverbial ‘pot of gold at the end of the litigation rainbow?’ There is! Arizona law allows the pre-judgment seizure of a debtor’s property to secure the payment of any judgment that may later be awarded in the creditor’s favor.

This program will benefit counsel for both creditors and debtors by answering these questions:

• What are the benefits of seeking provisional remedies over more traditional debt collection tactics?
• Under what circumstances can a creditor seize a debtor’s assets with provisional remedies?
• Which assets of the debtor can be seized?
• What factual and legal showings constitute ‘good cause’ for issuance of provisional remedies?
• What are the procedural formalities that must be followed to obtain a provisional remedy?
• What damages can form the basis of a pre-judgment provisional remedy?
• Can a party obtain provisional remedies in private arbitration matters under Arizona’s arbitration acts?
• What effect does obtaining a provisional remedy have on a debtor’s subsequent bankruptcy?

Attorney Mark E. Lassiter is the founder of The Lassiter Law Firm in Tempe (Phoenix area), Arizona with over 40 years of experience in the areas of Alternative Dispute Resolution (“ADR”), business, real estate, construction, technology, and organizational dispute resolution and transactions. He is an Arizona AV Preeminent® rated attorney, a Southwest SuperLawyer® in ADR, and one of ARIZONA’S FINEST LAWYERS. He is an expert on Arizona creditors’ rights and provisional remedies law and has chaired Arizona State Bar and Maricopa County Bar Association CLE programs on provisional remedies for over 20 years. He is also a Fellow in the College of Commercial Arbitrators and a mediator and arbitrator on the panels of the American Arbitration Association (since 1992) and the National Academy of Distinguished Neutrals (since 2011), and serves on the AAA’s Commercial, Construction, Large and Complex Case, Emergency Relief and Consumer panels. His e-mail address is mlassiter@lassiterlawfirm.com and his telephone is 480-218-4455.
 
*The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hour towards your annual CLE requirement for the State Bar of Arizona, including 1.0 hours of professional responsibility.

 

When registering, please indicate your choice of REGULAR entrée or VEGAN entrée.

Regular Entrée: Chicken Cacciatore with peppers, olives, capers, and white wine tomato sauce, on a bed of Spanish rice (GF/DF).

Vegan Entrée: Quinoa with roasted vegetables.
 
All meals served with rolls and butter, wedge salad with iceberg, turkey bacon (on the side), baby heirloom tomatoes, pear vinaigrette (GF/DF) and double fudge chocolate cake (GF/V).

Coffee station will be in back of the room.