Commercial Collection Agency - Commercial Collections
Commercial Collection Agency - Commercial Collections

Legal Support

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Nationwide Legal Support

Miller, Ross & Goldman provides our clients with comprehensive legal support in all 50 U.S. States through our nationwide network of collection attorneys.  Although over 95% of all commercial claims placed with us 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 Tier 1 or Tier 2 Legal Process:

Tier 1

We will recommend our Tier 1 Legal Process when your indebted customer has failed to cooperate with our collection efforts on your behalf within a reasonable period of time, normally 15-30 business days. Upon your approval, we will promptly elevate our efforts to include one of our network law firms local to your indebted customer. The local attorney will then make direct contact with the indebted party in an attempt to resolve the claim without filing an actual lawsuit. The mere fact that our Tier 1 Process combines our efforts with local counsel will greatly enhance our ability to leverage a successful resolution without the additional costs associated with litigation. It will also ensure that local counsel is in place and ready to proceed swiftly with legal remedies as indicated, via Tier 2.

There is no cost to elevate your claim through our Tier 1 Legal Process. Our "no-collection no fee" contingency rate will increase nominally upon Tier 1 activation, upon your approval only.

Tier 2

In some cases, indebted parties who refuse to voluntarily cooperate with a reasonable resolution will need to be held accountable via formal litigation through the courts to enforce payment of the claim. In the event we exhaust our collection efforts without a successful resolution, we will evaluate the merits of suit as follows:

Claim Legal Review Process

In most cases, all of the following criteria must be met during the CLR: 

bullet

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 full support the indebted claim

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The debtor company, or Guarantor, has not filed for bankruptcy protection

Provided these conditions are met, we will then determine the costs to have one of our experienced 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 $450-$750. The attorney will 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 may be required to cover anticipated discovery expenses including case law research, service of process fees, debtor examinations, depositions, suit preparation materials, postage, notary service, etc.  Our Tier 2 contingency fee rate of 40% will apply only upon actual recovery of funds during the suit process.

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 depositions

In the event a Client's legal claim cannot be handled solely on a contingency basis, we will 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 process 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 Tier 2 handling, 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 duly 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 provide formal legal assistance with collections, and if necessary, to file a lawsuit on our behalf.

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 agree to promptly forward this amount to Miller, Ross & Goldman, upon request, and understand that the suit process will not commence until this payment has been received by Miller, Ross & Goldman, in good funds.

I further 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  liability that may result from the suit action authorized herein.  

___________________________________  _______________
Signature                                              Date

 

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