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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:
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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 full support the indebted claim
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The debtor company, or Guarantor, has
not filed for bankruptcy protection
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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
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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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