Lex Capital Solutions. (LCS) CLIENT / CREDITOR SERVICE AGREEMENT Effective Date:
This Client/Creditor Service Agreement (the "Agreement") is entered into by and between A Lex Capital Solutions. (“L,” “SC we,” or “us”) and the Client/Creditor (the "Client" or "Creditor") as defined on the registration page. By registering on and submitting debtor files to ACM, the Client agrees to the terms and conditions set forth in this Agreement.
Upon receipt of the submitted accounts, LCS will begin the collection process and work the accounts to resolution as outlined below. In the event of a successful collection, ACM will receive the agreed-upon commission. If the Client receives direct payment, in full or in part, for any account submitted to Lex Capital Solutions Inc, the Client must pay ACM the appropriate commission upon receiving the invoice. The Client must immediately notify LCS of any direct payments or debtor communications.
TERMS:
Intent and Compliance:
Client/Creditor agrees to retain LCS for debt collection services. ACM commits to complying with all applicable state and federal laws, including the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA), and will conduct all activities in accordance with the Commercial Law League of America’s (CLLA) Operative Guidelines.
Discretion and Authority:
Lex Capital Solutions has full discretion and authority in collecting claims, including accepting partial payments. LCS is also authorized to endorse checks made payable to the Client/Creditor for claims submitted for collection.
Collection Authority:
Client/Creditor grants Lex Capital Solutions full discretion and authority to take necessary actions for collection, including referring claims to attorneys for legal actions such as filing suit, obtaining judgments, and post-judgment enforcement.
No Direct Contact with Debtor:
Once accounts are submitted, the Client agrees not to contact the debtor directly without Lex Capital Solutions authorization.
Compromise or Settlement of Claims:
ACM will not settle or compromise any claim without the Client’s prior consent, unless the Client is unresponsive or has ceased business operations.
Compliance with FDCPA: Lex Capital Solutions, in accordance with the FDCPA, will conduct all communications with the debtor, including payment arrangements, return of merchandise, and other related communications.
Exclusive Assignment:
The Client agrees not to assign the collection files submitted to Lex Capital Solutions to any other agency, attorney, or party. If the Client withdraws claims without just cause, they agree to compensate Lex Capital Solutions for standard contingency fees.
Notification of Payments and Communications:
The Client must notify Lex Capital Solutions immediately upon receiving any direct payments, communications, or return of merchandise. The Client agrees to pay ACM fees on accounts resolved directly.
Legal Fees and Costs:
The Client is responsible for suit fees, court costs, and asset search fees, including bank searches, if legal action is taken, and only with prior approval.
Collection Rates:
The collection rates for services will be as outlined on the Lex Capital Solutions website or confirmed by both parties via email.
Entire Agreement; Severability; Amendments:
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. If any provision is deemed unenforceable by a court, it will be modified to the extent necessary to be enforceable, and the rest of the Agreement will remain in effect. Amendments to this Agreement can only be made in writing and signed by both parties.
Governing Law:
This Agreement and any disputes arising from it will be governed by the laws of the state chosen by Lex Capital Solutions at its sole discretion.
Miscellaneous:
This Agreement may be executed in multiple counterparts, each of which is considered an original. Headings are for convenience only and do not affect the meaning or intent. Neither party will be held responsible for failure or delay in fulfilling obligations due to unforeseen circumstances, including natural disasters, telecommunication issues, or internet failures. Such events will extend the performance period.