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Nationwide Legal Support
Miller, Ross & Goldman provides
our clients with full legal support in all 50 U.S. States through our
nationwide network of
collection attorneys. Although over 95% of all commercial claims
submitted for collection are resolved without a lawsuit, some situations will
require formal legal action to protect our Client's financial
interests. When legal action is indicated, we will
contact you for authorization to move forward with our Claim Legal
Review (CLR) process, which will allow us to establish a sound basis
to proceed with litigation on your behalf.
Claim Legal Review
Process
In most cases, all of the
following criteria must be met during the CLR:
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The principal claim amount owed is
at least $3,000.00 U.S. Dollars
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Your indebted customer is solvent, or
there is a Personal Guarantor
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Valid, legible documentation exists
in support the indebted claim
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The debtor company, or Guarantor, has
not filed bankruptcy
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Provided these conditions are met, we will then determine the costs to have
one of our highly capable network attorneys
initiate the suit process. Before a lawsuit can be filed on
your behalf, you, our Client, will
be required to advance applicable court costs and filing fees
which normally range between $400-$750. The attorney will often seek
to recover these additional costs from your indebted customer (defendant)
in addition to the monetary balance owed to your company. Provided these costs are successfully awarded by the court
and collected from the debtor, they will be reimbursed to you.
In some cases, a nominal
non-contingent retainer of 3-5% may also be required to cover
anticipated discovery expenses including case law research, service
of process fees, sheriff's fees, depositions, suit preparation
materials, postage, notary service, etc. Our legal contingency
fee rate of 40% will apply only upon actual collection.
Important Note: Some legal
claims involve a broad scope of complexities and require a
comprehensive amount of discovery in order to build and present a
solid and compelling case. In such instances, a fee agreement based
solely on contingency without an hourly retainer may not be
possible. These issues include:
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A countersuit filed by your indebted
customer for any reason
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Complex contractual disputes
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Claims involving fraud or any other
alleged criminal conduct
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Claims requiring mediation and/or
arbitration
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Claims that must be tried in more
than one jurisdiction
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Claims that lack sufficient
evidentiary support
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Claims involving multiple witnesses
and/or requiring discovery depositons
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In the event a Client's legal claim
cannot be handled solely on a contingency basis, we'll contact you
to discuss an augmented plan best suited to the situation. If an
hourly retainer is indicated, as our client you can be assured of a
more than competitive rate to aggressively handle your claim toward
a successful outcome.
Please note that we are not
obligated to facilitate legal action on your behalf simply based on
your desire to sue your indebted customer. If our CLR
diligence determines that a case
against your debtor has no merit, or could otherwise subject your
company or ours to unsubstantiated financial risks, we will not recommend a
lawsuit. If we determine that any claim does not meet the
criteria necessary for litigation, we will thoroughly advise you
accordingly. In this event, you are certainly free to take action on your
own, if desired.
Legal Authorization
Statement
Once we advise that a claim we are
handling for you does meet the necessary criteria for legal action
and have explained the applicable costs to initiate the suit
process, we will require your signed authorization to proceed on
your company's behalf. Please copy and paste the statement
below on your company letterhead, and fax to our office at
1-888-FAX-MRG4 (1-888-329-6744):
ATTN: Miller, Ross & Goldman Legal
Forwarding Department
From:
______________________, ______________________
Company
City & State
RE:
______________________________, $_______________
Debtor Name
Claim Amount
I,
___________________________ (Name & Title), being a dully authorized
company agent, do hereby grant authority to Miller, Ross & Goldman,
to act as our agent and legal forwarder for the purpose of
retaining the services of a _________________ (State) attorney to
assist with the collections process, and if necessary, to file a lawsuit on our
behalf.
The
costs associated with this action have been explained to me. I
understand that Miller, Ross & Goldman's legal contingency rate of
40% now applies for all monies collected on my company's behalf. I
also agree to forward, upon request, the
sum of
$_______________ for court costs and filings fees, plus a
non-contingent retainer in the amount of $_______________, for a total
amount of
$_________________.
I understand that the suit process will not commence until this
payment has been received by Miller, Ross & Goldman, in good funds.
I
understand that Miller, Ross & Goldman has no control whatsoever as
to the positive or negative outcome resulting from legal action taken on our
company's behalf. I, therefore, do hereby hold harmless and fully
indemnify Miller, Ross & Goldman of any and all liability that may
result from the suit action authorized herein.
___________________________________
_______________
Signature
Date
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