(To be filled and signed by both parties)
BCA Financial Services agrees to render collection services to:
This agreement confirms the terms upon which the BCA Financial Services has been retained for the collection of your past due claims.
A. BCA Financial Services hereby agrees to indemnify Client and to hold Client harmless from and against all damage, cost, loss and expense, including reasonable attorney's fees, directly resulting from BCA Financial Service's collection activity under this agreement, provided, however, Client hereby warrants and guarantees that the information furnished to BCA, including but not limited to the identity of the debtor, any information about the debtor, the debtor's eligibility for repayment exemption, the balance of the account and the payments and credits due, shall be accurate. BCA Financial Services shall have no obligation to indemnify or hold Client harmless in the event of error in such information. Client agrees to indemnify BCA Financial Services, its officers, directors, servants and agents and to hold BCA Financial Services harmless from and against all damage, cost, loss and expense, including reasonable attorney's fees resulting from errors or omissions in connection with such information furnished by Client to BCA. Client further agrees to indemnify BCA, its officers, directors, servants and agents and to hold BCA Financial Services harmless from and against all damage, cost, loss and expense, including reasonable attorney's fees that may arise out of the acts of agents or employees of Client. BCA Financial Services hereby expressly disclaims responsibility for any other damages, whether special, incidental or consequential.
B. BCA Financial Services will adhere to the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Gramm Leach Bliley Act, Health Insurance Portability Accountability Act and any other applicable state and federal regulations governing the collection and credit reporting of third party entities.
C. Client agrees to notify BCA Financial Services on a weekly basis of any direct payments, credits or returned merchandise received on accounts placed for collection. Direct payments, credits to account and value of returned merchandise are all considered commissionable and will appear on your next statement.
D. All amounts placed for collection, including interest, service, finance or related charges shall be deemed assigned for collection and commissionable upon recovery by BCA Financial Services or client. BCA Financial Services maintains the authority to deposit all funds received for client into a trust account at PNCBANK 491 Bloomfield Ave Montclair, NJ- from which Client will receive a monthly remittance by the 10th of each month for the previous month's recoveries minus BCA Financial Services commission.
E. Client warrants that it has not received notification that any of the accounts are in bankruptcy, and a corresponding warranty that it will immediately notify BCA Financial Services if it receives notification of a bankruptcy filing; that the accounts and account balances are accurate; that all add-on charges such as interest, late fees, collection fees are just and owing and authorized by applicable law, contract or both; that Client or any previous agencies charged with collection of the debt have not been notified to cease and desist; that Client or any previous agencies charged with collection of the debt have stopped all collection activity; that upon notification of a dispute or a request for verification the client will furnish information timely, that upon placement, date of delinquency will be furnished.
F. There will be no recall of accounts by client unless specific accounts were placed in error. Either party may terminate collection relationship with 30 days written notice, however, any debtor engaged in a payment schedule, involved in legal proceedings instituted through BCA Financial Service’s legal department, or in such a status that payment is expected on account within 60 days will remain with BCA Financial Services until balance is collected or file is closed.
The following rate structure will apply to all placements:
1 Collections ……………….……………………………..25%
2 Collections Under $750.00.….…………… …..33%
3 Legal Accounts – only with ____________________signed permission…(Add15% to the above rates)
Continuance of agreement with
G. BCA Financial Services has the ability to take legal action against debtors via their qualified attorneys in Pennsylvania, New Jersey, New York or other states when authorized by our Client. Accounts with balances of One Thousand dollars ($1,000.00) and above will be reviewed by our legal department. After determining the consumer has the ability to repay the debt we will notify Client of our intention. At that time, if Client agrees, Client will authorize BCA to take legal action by signing applicable legal paperwork and forward the actual legal (court) costs required on each filing. BCA’s attorneys will file complaint in the appropriate court and attempt to secure judgment against the consumer/company. If it becomes necessary to execute against that judgment, BCA will notify Client and request the actual costs requested by the attorney for the execution and sheriff sale. Once payment is received from consumer/company, Client will be reimbursed for any recovered court costs, which will not be commissioned.
Client authorizes BCA Financial Services to refer any account to our legal department for consideration of legal action. No action will be taken without mutual consent.
BCA Financial Services is bonded to the State of New Jersey through Surety Bonds of America. Bond Certificate number: 100541906. Additionally, we are licensed in New York DCA # 1313056
By signing below Client agrees to all the terms and conditions set forth above. Any modifications of this agreement must be done so in writing and approved by both parties.
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For: Your Company
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For: BCA Financial Services
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