Place a Commercial Collection Claim

Terms Of Service

This agreement is made by and between Capital Collection Attorney Services, LLC, a California Limited Liability Company (hereinafter referred to as AGENCY) And the end user (hereinafter referred as CLIENT)
The AGENCY and CLIENT hereby agree as follows:

1. AGENCY will perform collection services for CLIENT and CLIENT will pay AGENCY a contingency fee on any and all amounts recovered to date as follows.

Commercial Contingency Fee Schedule (Business to Business)
a. $500.00 – $1000.00 35%
b. $1000.01 – $ 6,000.00 28%
c. Greater Than $6,000.01 18%
Consumer Contingency Fee Schedule (Individuals)
d. Flat Rate 35%
e. Once agreed upon by CLIENT a contingency fee of 35% will apply to all files wherein client requests to proceed with legal action. Upon consent of the CLIENT, the file will be detailed to one our in-house or out-of-state network of attorneys. Furthermore, the CLIENT is responsible for filing fees, service of process and all court costs, which are associated with litigation being pursued by the attorney.
f. The return of merchandise ½ of regular contingency fee.
g. AGENCY will perform skip trace address locating whenever necessary. There will be an upfront fee of $50.00 for this service.

2. CLIENT agrees to notify AGENCY immediately of all direct payments received after an account has been forwarded to AGENCY. CLIENT understands that AGENCY is entitled to a full contingency fee on all monies recovered whether paid to AGENCY or to the CLIENT directly. Failure to pay the fee to AGENCY within thirty (30) days of receipt of the payment may result in an interest fee being assessed at the legal statutory rate.

3. AGENCY agrees to remit to CLIENT, on a monthly basis, all monies due to CLIENT on accounts that have been collected during the preceding month. AGENCY will furnish an appropriate statement which will reflect the collected monies less the contingency fee.

4. In the event that AGENCY places a debtor into the credit bureau and said debtor pays CLIENT directly, CLIENT is responsible to remit to AGENCY the agreed contingency fee upon receipt of payment from the debtor or any party who paid on behalf of the debtor. Debtor accounts remain in the credit bureau for a period of seven (7) years. Debtor accounts that have been placed into the credit bureau remain the property of AGENCY for seven (7) years from date of placement in the credit bureau.

5. While AGENCY is working an account, CLIENT shall have no contact with their debtor and shall refer all communication from debtor to AGENCY.

6. It is understood by both parties that should AGENCY’S attempts at collection on any account be exhausted, and litigation be the only recourse, CLIENT will be notified of the status. CLIENT shall have the option to request the services of the AGENCY’S attorneys and shall acknowledge confirmation of the same in writing. CLIENT agrees to forward all costs associated with legal action as determined by the attorney. No account will worked by one of AGENCY’S attorneys until receipt of said costs. In the event that a third party lawsuit or a counterclaim is filed against CLIENT, CLIENT will be responsible to hire an attorney to defend the legal action. CLIENT will have the option of retaining one of AGENCY’S attorneys or any attorney of their choice. In either event, CLIENT will be responsible for retainer and for hourly attorney fees and costs with regard to defense of a third party lawsuit and/or counterclaim.

7. AGENCY will determine when it is necessary to report a debtor to the credit bureau to aid of collection efforts. There is no fee for this service. The CLIENT is responsible for the accuracy of all information they have provided to AGENCY and agrees to indemnify and hold harmless AGENCY from any inaccurate information. Once AGENCY places a debtor into the credit bureau, CLIENT is responsible to remit AGENCY the agreed upon contingency fee on any and all monies which CLIENT may collect for the seven (7) year period as AGENCY continues to work accounts in the credit bureau.

8. In the event that litigation is necessary in remedying any breach of this Retention Agreement, all cost and expenses of litigation, including attorney fees, will be borne by the non-prevailing party.

9. Each agrees and acknowledges that the laws of the state of California shall govern the validity construction, interpretation and effect of this Agreement. This agreement shall be binding upon the parties.
THIS AGREEMENT shall be binding upon the parties.