Arizona attorneys; FREE legal forms and much more!

GENERAL INFORMATION FOR FORWARDERS

When we receive a claim it is our custom to first make a written demand on the debtor. Sending this demand helps to promote settlement and to confirm the address of the debtor.

Mr. Goodman is a member of the CLLA. We subscribe to the most current Commercial Law League Operative Guides.

Should it be necessary to file suit, an advance non-contingent suit fee, as well as a contingent suit fee (usually 5% each), will be anticipated in CLLA rate referrals, unless we have first agreed otherwise. In the event of mediation and/or hearings, we reserve the right to charge an additional reasonable trial fee (in accordance with the CLLA Operative Guides), which will be based on our current customary hourly rate, for our professional services related thereto.

A "commission" is a contingent fee. Commissions are due and payable when a recovery is made. Commissions compensate for the work performed and the success of recovery. Commissions take into consideration the amount involved and the results obtained. A contingent fee involves risk and uncertainty apart from the amount of work performed. Commissions may be withheld from a recovery.

A "suit fee" is a fee payable because a lawsuit is filed. A suit fee compensates us for the responsibility undertaken when a lawsuit is filed, whether or not a recovery is made. Lawsuits in Arizona are governed by many rules of procedure and responsibility and once a lawsuit is filed there are many duties, responsibilities and obligations that must be fulfilled.

A suit fee takes into consideration the following:
(1) the amount of responsibility assumed and undertaken;
(2) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances; and
(5) the experience, reputation, and ability of the lawyer or lawyers performing the services.

FOREIGN JUDGMENT COLLECTION RATES:

Twenty-five percent (25%) of the amount collected, contingent on collection; plus
A suit fee of five percent (5%) of the amount of the Foreign Judgment (including accrued interest, costs and attorney's fees) or two hundred fifty dollars ($250.00), whichever is greater
A cost advance of three hundred dollars ($350.00) (for filing fees, service of process, recording fees, etc.

Due to mileage and distances, we do not normally file suit for claims under five thousand dollars ($5,000.00) outside of Maricopa or Yavapai County, Arizona. Under appropriate circumstances, we may agree to domesticate small judgments in other Arizona counties.

SUIT REQUIREMENTS:

WE MUST HAVE ALL OF THE ITEMS LISTED BELOW BEFORE WE CAN FILE SUIT OR PROCEED TO DOMESTICATE A FOREIGN JUDGMENT:

Exemplified copy of Foreign Judgment, if applicable;
Copy of all contracts, documents, etc that establish the claim or relate to the claim;
Suit fee of five percent (5%) of the amount of the Foreign Judgment or amount of the claim (including accrued interest, costs and attorney's fees) or two hundred fifty dollars ($250.00), whichever is greater
Court costs, advanced to us, of at least three hundred fifty dollars ($350.00). These are estimated, preliminary and subject to increase depending upon the circumstances. Additional court costs may be necessary at subsequent stages of the litigation. Filing fees, service of process and some other Court costs are taxable (chargeable) to the debtor(s);

ALL OF THE ITEMS, LISTED ABOVE, MUST BE SUPPLIED BEFORE WE CAN DOMESTICATE THE FOREIGN JUDGMENT OR PROCEED TO COLLECT THE CLAIM.

SUIT FEES: Non-contested cases - A non-contingent suit fee (earned upon filing suit) is required. Our minimum non-contingent suit fee is two hundred fifty dollars ($250.00). Contested cases - If the case becomes contested an additional suit fee ("contested case suit fee") will be charged upon entry of judgment, settlement, or dismissal. The contested case suit fee will be that amount necessary to bring the total suit fees to an amount equal to one-half (1/2) the amount of attorney's fees if charged according to the firm's normal hourly rates. If attorney's fees are awarded and such are collected, this sum may be retained as the suit fee, in lieu of the contingent, non-contingent and contested case suit fees if this sum equals or exceeds the total suit fees. All suit fees are in addition to commissions. Suit fees do not apply toward the expense of any appeal, which attorney is under no obligation to undertake and for which a separate fee shall be charged.

OTHER FEES: Trial/hearing Fee: A trial/hearing fee of one hundred dollars ($100.00) for all trials/hearings under one-half (1/2) day, two hundred fifty dollars ($250.00) for all trials/hearings of one-half (1/2) to one (1) full day, and two hundred dollars ($200.00) for each day or partial day of trial/hearing in addition to the first day will be charged.

Report Fee: Where a report, either oral or written, is requested more frequently than once per calendar quarter, a report fee of fifteen dollars ($15.00) will be charged for each report requested.

If suit requirements are not received within thirty (30) days of our first request, we will assume you wish us to close our file. Except for non-sufficient funds checks, items forwarded to this office will not be returned unless specifically requested. Suit requirements are conditioned upon the absence of any defenses of which we have not been advised. Counterclaims, cross-claims and third party claims will be defended at prevailing hourly rates.

IF OUR TERMS ARE UNACCEPTABLE WE MUST BE NOTIFIED AT ONCE. FAILURE TO IMMEDIATELY WITHDRAW ANY CLAIM PLACED WITH US IS DEEMED ACCEPTANCE OF OUR TERMS.

Commissions will be due, notwithstanding withdrawal of claim, on any collections resulting from our efforts.

Where a NSF check is involved, furnishing statutory notice and giving the debtor 12 days to pay the amount of the check plus a service charge, may encourage payment. In the absence of payment prior to the filing of suit, the Court might award up to two times the amount of the check, together with a reasonable attorney's fee, which might not otherwise be obtainable. We request a cost deposit of $5.00 for this to allow for service of the notice for service by certified mail or $30.00 by a process server.

There are other prejudgment court costs which might arise later. Should it be necessary to take a deposition, an appropriate deposit will be requested. Non-resident plaintiffs may have to post a bond, if the posting of such bond is requested by the defendant. It is in rare instances that such a bond is actually requested. Once it is requested, it has to be posted within about 20 days or the claim is subject to being dismissed. On rare occasions, a defendant will require a non-resident commercial plaintiff, who is not engaged in interstate commerce, to register to do business in the State of Arizona, which will involve additional out-of-pocket expense and an attorney's fee.

It is extremely important that we have complete and legible copies of any and all applicable documentation, including, without limitation, credit applications, personal guaranties, purchase orders and credit card agreements that are incorporated by reference. Faxes or copies from faxes may not be suitable. If terms and conditions are printed on the reverse side of an agreement or invoice, we must have a copy of that, also. This is especially, important if suit is going to be filed. Documentation should not be written on, or altered by, a client or forwarder. Where an instrument, such as a promissory note, mortgage, NSF check or security agreement is involved, we will, usually, need the original in order to get a judgment. Should there be a demand for attorney's fees, this must be provided for in a written agreement between the parties. If more than Arizona's statutory interest rate would be demanded, this must, also, be reflected in a written contract, and not just unilaterally put on an invoice by a creditor. We also, need to know the date of default and/or the date from which interest is to accrue, if these dates are not readily apparent. Copies of actual invoices, as against a summary or statement of the account prepared by the client or the forwarder, would usually be required, though they are helpful to show payments and credits.

Before suit is filed, it will be necessary tat we know the address and legal composition of the client, if it is not readily apparent from the documentation that is sent to us. In all cases, we must be provided with the social security/taxpayer identification number of the debtor, if known. If the client or debtor are doing business as a non-corporate fictitious name and the full name of the owner(s) is not shown, it will be necessary for us to have this information before suit is filed. If the name of the client does not match up with the name of the creditor on the documentation, an assignment, or other explanation as to the discrepancy, will have to be furnished. In some jurisdictions, the client must execute an affidavit that an individual debtor is not in the military service, if we are attempting to get a default