DARROW AND HOLMES, LLC______________________
POST OFFICE BOX 5094
NEW YORK, NEW YORK
10185
516 972 1100
JHD@DARROWANDHOLMES.COM
WWW.DARROWANDHOLMES.COM

CLIENT:
CLIENT NAME

ADDRESS

CITY, STATE, ZIP
PHONE NUMBER
E MAIL

AMOUNT OWED

DEBTOR

DEBTOR NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

E MAIL


Darrow and Holmes, LLC is a third party, national and international, commercial collection agency, specializing in the collection of money due our Clients. This Engagement Letter shall confirm you have retained DARROW AND HOLMES as your exclusive agent to pursue collection of the above referenced claim, plus any recoverable interest, penalties, late fees, attorneys fees and collection fees that you may be entitled to. You are representing to DARROW AND HOLMES that the above sum is due exclusively to you from the above referenced Debtor and that you have not and shall not assign, transfer, compromise or settle this claim without our express consent.

You have agreed that DARROW AND HOLMES shall have the exclusive right to recover the above sums, and that DARROW AND HOLMES shall be entitled to recover our fees whenever and however the above sums are paid. DARROW AND HOLMES shall endeavor to obtain payment of the above amounts on your behalf. All claims placed with DARROW AND HOLMES are reported to the credit reporting agencies with which we share information.

You shall pay DARROW AND HOLMES, the following fees:

a) (25%) twenty five percent of the first Two Thousand Five Hundred Dollars ($2,500.00) collected, plus twenty percent (20%) of all additional amounts collected, absent litigation.

b) We will not engage counsel to commence any litigation on your behalf without your prior consent. If litigation is commenced or pursued regarding your claims, then, instead of the fees set forth in paragraph “a” above, DARROW AND HOLMES will retain thirty-three and one third percent (33.33%) of all monies recovered, from which we will pay your counsel provided we have selected your counsel. You will additionally be responsible to pay in advance the costs and expenses including, but not limited to, the cost of index number(s), service of process, requests for judicial intervention, recording fees, depositions, court reporters, transcript fees, court ordered expenses, Sheriff fees, Marshal Fees and other related expenses. Payment of these costs and expenses shall be due when charged. Filing fees vary from state to state.

c) SKIP TRACING AND ASSET LOCATION. If we find, or if you advise us that your customer has left town, or has “disappeared,” DARROW AND HOLMES can provide skip tracing and asset location services for an additional fee. Our access to thousands of databases uncovers licenses of any and all kinds, relatives to six degrees of separation, automobiles, aircraft, boats, and real estate. The fee for this service varies but typically, they run between $750.00 and $1,000.00 dependent on the depth of the search.

ADDITIONAL TERMS OF SERVICE:

Client (named above), and Client’s heirs, successors, assigns, agents and employees specifically give to DARROW AND HOLMES, the exclusive right to collect monies due you from the Debtor named above and Debtor's heirs, successors, assigns, agents and employees.

Whether DARROW AND HOLMES recovers merchandise or cash payment, our fees will not change. If we receive merchandise or other items of value as payment, you have the right to negotiate with the debtor named herein, the value of merchandise to be returned. If the value of the merchandise does not cover the amount of the debt, DARROW AND HOLMES will continue its efforts on your behalf.

If DARROW AND HOLMES receives payment (in the form of a check) from the debtor, we will issue an invoice for commissions due at the rates heretofore identified, and send you the same with the debtors check. All invoices issued by DARROW AND HOLMES are billed at net ten days from date of invoice (“N-10-DOI”).

If Client receives payment or other item of value directly or indirectly from Debtor, Client shall notify DARROW AND HOLMES in writing immediately, to give DARROW AND HOLMES the opportunity to update its records and to render an invoice to Client. Client shall immediately notify DARROW AND HOLMES in writing of any written, electronic, oral or other communications received from, or behalf of or relating to, the above referenced Debtor including, but not limited to, Bankruptcy matters, collection issues, offers of settlement, etc., and provide true and complete copies thereof to DARROW AND HOLMES. Client shall also provide to D&H evidence and documentation requested by DARROW AND HOLMES to support Client's claim, and shall appear in court as requested to testify in support of Client's claim.

If debtor brings a counter claim against client, client understands that it/he/she, shall be billed by the attorney his fee, at the attorneys hourly rate.  This will be in addition to the percentage of the recovery.

Client represents to DARROW AND HOLMES, to induce DARROW AND HOLMES to enter into this agreement, that the above claim is a valid claim and that Client has the exclusive right to this claim. Client specifically holds DARROW AND HOLMES harmless in its activities to collect money on Client’s behalf. Client agrees that if Client terminates this agreement for any reason, DARROW AND HOLMES shall be entitled to receive a minimum fee in addition to the fees set forth above, equal to fifty percent (50%) of the full commission due on the amount originally claimed by Client.

DARROW AND HOLMES shall have the right to deduct any fees, costs, expenses, disbursements and other sums of money provided for in this agreement from any moneys collected by DARROW AND HOLMES for Client, and shall thereupon deliver to Client the balance of moneys collected by DARROW AND HOLMES.

THIS AGREEMENT IS A LEGAL CONTRACT AND, EXCEPT FOR CAUSE, IS NON-CANCELABLE BY THE CLIENT.

The laws of the State of New York shall apply to and govern this agreement. In the event of a dispute between the parties named herein, the parties consent to the jurisdiction of the courts of the State of New York, County of New York, which shall be the venue for any litigation. In the event of a dispute between the parties, the prevailing party shall be entitled to recover the expenses of litigation including, but not limited to, court costs, disbursements and reasonable attorney’s fees from the non-prevailing party.

The parties named herein certify that each has read and understands each of the covenants contained herein and, agree to be bound by the same. If any of the covenants contained herein are deemed illegal or unenforceable by a court of law, the balance of this agreement shall continue in full force and effect.

This represents the entire agreement, no part of which may be changed unless in writing and agreed to by all parties.

Kindly acknowledge your receipt of this Engagement Letter and your agreement to its terms by signing in the lower right hand corner and returning the duplicate original to us. A facsimile, electronic or email of this Engagement Letter and/or any signature hereon shall be deemed to be an original and may be used for all purposes as if it were an original.

Very truly yours,

Darrow and Holmes, LLC

By:

Jerry Hauser,

Managing Member

THE ABOVE TERMS ARE HEREBY AGREED AND CONSENTED TO

BY:

_______________________________________________

CLIENT SIGNATURE

 

 

_______________________________________________

PRINT NAME

 

DATED:________________________________________