The Client authorizes the Company to endorse negotiable instruments received in payment of Accounts assigned to the Company for collection and/or deduct commissions on Accounts paid directly to the Client from any monies due Client.
Once AGA accepts the account for collection, the creditor shall not place the account with any other third party without AGA’s permission, or prematurely to withdraw the case. If withdrawn, or if the creditor takes any material action to prevent AGA’s ability to collect the account, AGA’s full fees will be due and payable as though the full amount of the account has been collected.
Should legal action or arbitration be necessary to collect the debt, AGA will obtain the creditor’s prior approval. Should the creditor authorize litigation/ arbitration, an additional 10% suit fee (over and above the standard commission rate) is charged and is generally contingent upon collection. However, a portion of that 10% may be requested as a non-contingent advance to be applied against a contingent suit fee. Court costs (or other judicial expenses or arbitration costs) are required up-front and are not part of the suit fee. Fees for defense of a counterclaim may be subject to separate compensation arrangements.
Should AGA discover that an account was paid by the debtor prior to AGA receiving the claim, one-half (50%) of the normal fee will be charged on the amount paid to the creditor as a finder’s fee.
AGA may retain compensation for its costs and expenses and all lawful sums collected over and above the principal amount of the claim. Should you elect to withdraw a claim without just cause, AGA will be entitled to a full fee of the claim.
If in the event that AGA is unable to locate a creditor for remitting funds collected on a claim, a custodial fee will be deducted from the collected funds while AGA attempts to locate the rightful party to whom the proceeds are due.
The creditor shall provide AGA all relevant supporting documents and render all assistance requested by AGA regarding the case.
Once the creditor places an account with AGA for collection, the creditor must pay AGA the agreed fees for all kinds of settlements the creditor directly receives from the debtor, including cash recovery, returned merchandise, and other settlements as though AGA directly received the money or other settlement value. Invoices are due upon receipt.
Once an account is closed by AGA, the physical file and related file information in AGA systems will be kept for a maximum of one year.
This Agreement shall be governed and constructed under the laws of the State of New York.