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Terms & Conditions

COMMERCIAL & B2B DEBT COLLECTION

Business Debt Recovery & Past-Due A/R Collections Terms & Conditions

Accounts can be placed by simply faxing or emailing invoices and/or statements.
  1. Special fee arrangements may be negotiated for large, unusual accounts, and by volume.
  2. Account Withdrawal: Once demand for resolution has been made, any account withdrawn from mediation at the direction of the client prior to 90 days will be charged the agreed upon contingency rate of the principal balance. If there is a promise of resolution on the account and the client withdrawals or cancels; client agrees to be charged the agreed upon contingency rate of the principal balance.
  3. Any open balance due to MCB may be subject to immediate offset.
  4. Communication: Client agrees to refrain from direct communications with the customer after the account has been placed for mediation or litigation, and notify MCB immediately of any direct communication or payment received from a customer. Client agrees to direct any customer that contacts them back to MCB during the mediation or litigation process. Should client breach this term, client agrees to be charged the agreed upon contingency rate of the principal balance and our costs.

Litigation

If litigation is necessary or desired, contingency fees are 50%. Any lawsuit may involve initial filing fees, subject to the governing venue or country’s legal system involved. This includes judgment enforcement.

MCB Promise & Guarantee

*Qualified Clients: After 120 days, if MCB does not collect as contracted, the client has the opportunity to acquire the services of a 3rd party agency or law firm to collect the same account. If the third party is able to collect, MCB will pay client directly costs associated with collection. Proof of collection and invoice required.

A “Qualified Client” refers to a client who is able, at the onset of the relationship, to submit five overdue accounts for collection. Each of these accounts should be less than a year old and each must have an outstanding principal balance of $8000 or more.

Eligibility for the MCB Promise & Guarantee is at the sole discretion of Morgan, Cohen & Bach.

Legal Disclaimer

The information contained within Morgan Cohen & Bach’s site is not intended or to be used as guidelines or legal advice. None of the referenced materials or scenarios are to be construed as accurate or makes assurances of the accuracy of legalities. Although effort has been made to ensure the accuracy of these materials, there is absolutely no assurance that any statement contained in this site touching on legal matters are true, correct, or precise. The content and examples provided throughout these materials, are for illustrative and informational purposes only. These examples are purely fictional and are not based upon any particular client’s circumstances and no representation is being made that a client will or is likely to achieve the results shown; nor, is it to be construed as Legal Counsel nor Legal Advice. Some of these strategies may not be suitable for clients in certain situations. For many concepts discussed herein, clients are strongly urged to consult with advisors regarding any potential strategy described herein suitable for their particular circumstances. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site. Nothing shown on Morgan Cohen & Bach’s website should be interpreted as an attempt to offer or render a legal opinion or as legal advice. This website does not provide legal advice and is not a law firm. Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, the content of this website is not to be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. The website nor the company makes no representation, guarantee or warranty (express or implied) as to the legal ability, quality, or reliability. In no event will Morgan Cohen and Bach, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Morgan, Cohen & Bach (“MCB”) is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will MCB, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages and makes no representations as to the accuracy or any other aspect of information contained in other websites.

Morgan, Cohen & Bach’s additional Terms and Conditions:

Jurisdiction & Venue: Client agrees that any and all disputes between the parties shall be governed by the laws of the state of Arizona. Client further agrees that the courts of Pima County, Arizona will have exclusive jurisdiction in any litigation between parties arising out of or relating to this agreement or any other account placement document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory). Client agrees to submit to the jurisdiction of such courts and that such courts constitute a convenient forum and that process may be served by certified mail return receipt request upon either the registered agent, or any listed officer of the company.

Attorney’s fees and Collection Costs: If ever such a situation became necessary, to the extent not prohibited by applicable law, Client shall pay to Morgan Cohen & Bach on demand any and all expenses, including, but not limited to, collection costs, all attorneys’ fees and expenses, and all other expenses which may be expended by MCB to obtain or enforce payment of Obligations either as against client or any guarantor or surety of client or in the prosecution or defense of any action or concerning any matter growing out of or connected with this Agreement, or any of Morgan Cohen & Bach’s rights therein or thereto, including, without limiting the generality of the foregoing, any counsel fees or expenses incurred in any bankruptcy or insolvency proceedings and all costs and expenses (including search fees) incurred or paid by MCB in connection with the administration, supervision, protection or realization on any security held by MCB for the debt secured hereby, whether such security was granted by Company or by any other person primarily or secondarily liable (with or without recourse) with respect to such debt; and all costs and expenses incurred by MCB in connection with the defense, settlement or satisfaction of any action, claim or demand asserted against MCB in connection therewith, which amounts shall be considered advances to protect MCB’s security, and shall be secured hereby. All such costs and expenses shall be deemed Additional Expenses.

Jury Waiver: Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this agreement or any other account placement document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory). Each party hereto (A) certifies that no representative, agent or attorney of any other person has represented, expressly or otherwise, that such other person would not, in event of litigation, seek to enforce the foregoing waive and (B) acknowledges that it and the other parties hereto have been induced to enter into this agreement and the other account placement documents by, among other things, the mutual waivers and certifications in this section.