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Miller, Ross & Goldman Is A Proud Member In Good Standing:
 

The American Collectors Association Int'l
The American  Collectors Association International


 
The International Association of Commercial Collectors
The Int'l Association of Commercial Collectors


 
Texas Commercial Collection Agency Association
Board Member
The Texas Commercial Collection Agency Assoc.


 

 

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

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

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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