Affiliated Collections, L. L. C.

ENGAGEMENT AGREEMENT


The Creditor (hereinafter referred to as "you" or "your") hereby agrees that the account submitted on this Referral Form submitted to Affiliated Collections, L.L.C. ("We", "us" or "our") is subject to the following terms and provisions.

  1. Affiliated Collections, L.L.C. will handle Collection matters as defined herein for you on a contingent fee basis of Thirty-Five percent (35%) of all considerations or amounts collected.
  2. If you elect to file or maintain a judgment, you will advance to us the required court costs.
  3. You authorize us to endorse and negotiate and or deposit checks and other negotiable instruments written to you directly or in our joint names, into our trust account and withdraw our portion of said funds. At our option, we may use any funds collected to offset any open fees or prior costs advanced and now due us on any account assigned to us for collection and or litigation. You authorize us, as your agent to forward matters to law firms as we determine is required on a case-by-case basis. Attorney's fees for initial collection matters and post judgment collections matters listed below will be born by Affiliated Collections Services, L.L.C.
  4. You agree to forward to us all payments received directly from debtors on assigned accounts, for deposit into our trust account, in the event same does not occur you agree to pay us immediately the applicable collection fees on the said direct payment. The contingent rate is due to us if you or any one designated by you receive any funds or other consideration from any source by or on behalf of any person or entity against whom we are retained by you to pursue in any collection matter. The net funds remitted to you shall be calculated as follow; total collections minus fees earned by us and any costs.
  5. "Collection Matters" are matters in which we seek to recover money and or personal property for you from a third party inside the United States. They do not include defense or cross-complaints or counter-claims or separate suites against you. They do include, if necessary, filing of a lawsuit, and taking the case through trial. they do not include appeal, any work in a bankruptcy court, injunctive relief nor provisional remedies such as application for writs or attachment or writs of possession or foreign Judgment registration. They do include standard post-judgment collections efforts, including judgment debtor exams. They do not include any work in probate court, including but not limited to any prerequisite action with respect to the estate. Legal representation in these matters will be referred to an attorney and will require a separate retainer agreement with him, them or her.
  6. You shall be responsible for and agree to pay all costs and disbursements incurred. We may, at our sole option advance costs and disbursements, which are immediately due. We reserve the right to require additional funds which shall be deposited in our trust account and credited to your account and shall be and constitute and advance payment against which our subsequent charges for costs shall be debited.
  7. If we withdraw or are discharged for any reason, we shall be entitled to receive from you any and all monies due and owing to us on account of collection fees incurred and/or costs advanced and or the reasonable value of our services and or a lien on any pending action upon which we provided collection and or legal services through our agency. It is further agreed that we may prepare, at your expense, and retain a duplicate file with respect to all services rendered on your behalf.
  8. This agreement is deemed entered into in the state of Missouri. In the event of litigation to enforce or interpret these terms and provisions, the parties agree that it can only be filed in the Boone County, Missouri, Circuit or Associate Circuit court located in Columbia, Missouri and the prevailing party therein will be entitled to reasonable attorneys fees and cost incurred.
  9. If this agreement is signed on your behalf, you and the person signing on your behalf each warrant that the person signing has full authority as agent to bind you to the terms of this agreement.
  10. This agreement may be executed in counterparts, and your signature on this or any referral form or submission of collection matter to us deems acceptance of these terms. Any copy of the Agreement shall have the same effect as an original. This agreement shall become effective only after Affiliated Collections, L.L.C. has signed it.


                                                            
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