Marketing Services Agreement
This Marketing Services Agreement (“Agreement”) is between NEW LIFE
LENDING, a corporation organized under the laws of the State of Nevada
(“Facilitator”) and ________________________________________, a ___________ .
Originator and Facilitator shall collectively be referred to as the “Parties” and
individually as a “Party.”
A. Originator generates qualified prospects who are interested in forensic mitigation
(debt settlement under the supervision of lawyers), debt management plans,
bankruptcy and related services.
B. Facilitator has sources that offer forensic mitigation services to consumers
throughout the United States and is interested in obtaining the qualified prospects.
C. Facilitator performs a variety of services for organizations interested in
providing services to financially distressed consumers including a law firm.
D. Facilitator now or in the future will make available to consumers various
products and services designed to help consumers.
E. Originator is interested in providing marketing services to Facilitator in the
form of generating prospects interested in forensic mitigation.
F. Facilitator is interested in obtaining marketing services from Originator for purposes
depending upon the individual facts and circumstances, of facilitating its sources
offering forensic mitigation services.
G. Originator and Facilitator are interested in addressing the needs of
consumers where forensic mitigation is a possible solution together on the
terms and conditions set forth below.
H. For valuable consideration that both Parties acknowledge, the Parties agree as
1. Scope of Services
1.1 Originator shall deliver to Facilitator the names and related information of consumers
interested in forensic mitigation services. The information gathered regarding each
prospect interested in forensic mitigation shall be referred to as the “Prospect File”.
1.2 As mutually agreed upon by the Parties, Originator may have a forensic mitigation
prospect sign a contract using an electronic format with an electronic signature online
over the internet or in pen and ink under one or more names designated by Facilitator.
Each such contract shall be part of the Prospect File.
1.3 Each forensic mitigation Prospect will meet specific criteria as identified in Exhibit A
“Minimum Acceptance Standards.” Facilitator may modify Exhibit A from time to time
in its sole discretion without advance notice. Exhibit A is incorporated by reference into
this Agreement. As more fully described elsewhere in this Agreement, Facilitator or its
agent will make a determination if a Prospect meets the requirements of Exhibit A. The
Parties acknowledge that unless a Prospect meets the requirements of Exhibit A,
Facilitator will have no obligation to pay Originator for the identification of such
1.4 Originator agrees to deliver each Prospect File as soon as possible electronically or by
fax. The Parties acknowledge that Prospect File is time sensitive and unless it is delivered
in a timely basis, the individual identified in the Prospect File may elect not to participate
in any forensic mitigation program with Originator or any entity affiliated with Facilitator
1.5 Originator on behalf of itself and any of its affiliates represents and warrants that any
advertising or sourcing Originator may engage in connection with this Agreement will
comply with the requirements, rulings and guidelines set forth by the United States
Federal Trade Commission for forensic mitigation/debt settlement services, legal
services, bankruptcy services, credit repair, debt management plans and credit counseling
services as modified from time to time.
1.6 Originator on behalf of itself any affiliated party further represents that any
advertising or sourcing Originator may engage in or for any state will also comply with
the rules for legal advertising in that state as promulgated by the applicable state bar or
other regulatory state entity as modified from time to time. Originator including any
direct or indirect source of Originator will not engage in any form of legal solicitation as
defined in applicable laws and will not contact any consumer unless they have authorized
the contact in advance.
1.7 Originator on behalf of itself and its affiliated organization agrees to fully comply
with the state and federal requirements of the DO NOT CALL LIST as well as all other
restrictions, laws and regulations on telemarketing and in states where a telemarketing
license is required not engage in telemarketing activities unless they have a valid
applicable laws, regulations and rules and such policy shall be listed on Originator’s
1.9 Originator fully understands and agrees: (1) it may not make any guarantees to any
consumer; (2) it cannot instruct a consumer that they will not get sued or forced into
arbitration; (3) it cannot tell any consumer that all creditors will agree to negotiate debt
obligations enrolled in forensic mitigation; (4) it cannot tell any consumer that while in
forensic mitigation or legal supervised credit counseling credit will improve; (5) it cannot
represent that a law firm will provide legal services of any kind other than a basic initial
evaluation of suitability if they execute a contract and pass the initial screening; (6) it
cannot tell consumers with certainty all creditor calls will cease if they enroll in a
forensic mitigation program; (7) it cannot tell consumers they should stop making
payments to creditors; (8) it must fully describe how forensic mitigation operates; (9) it
must fully describe the risks and costs associated with forensic mitigation; and (10) it
must fully describe the alternatives to forensic mitigation including advantages and
disadvantages. (11) it cannot make statements about what course of action a consumer
should choose, even if asked for an opinion; (12) it must clearly state that Originator and
its employees, subcontractors, and agents are not attorneys, and neither Originator
representative or Originator is providing legal advice; (13) it should refuse to answer
questions about bankruptcy and refer them to consult a bankruptcy lawyer; (14) it must
avoid creating the impression in the consumer’s mind that an attorney-client relationship
exists between Originator representative and the consumer; (15) it cannot secretly record
phone calls; (16) it must fully advise consumers of the cost of participation in any
forensic mitigation program; and it must fully describe the refund policy and the
termination process as well as the amount and timing of any refund. Should Facilitator
and or a law firm provide a script or written guidelines from time to time, Originator
agrees to comply with such guidelines and script and not deviate without express
1.10 Originator acknowledges that one of the key elements for any consumer to be
characterized as a Qualified Prospect for forensic mitigation is the existence of a
genuine financial hardship and that notwithstanding anything else to the contrary a
consumer without a genuine hardship is not a qualified prospect for forensic
mitigation or bankruptcy and no one without a genuine hardship can be
characterized as a Qualified Prospect eligible for payment.
1.11 Each of the Parties agrees to fulfill their obligations under the provisions of this
Agreement in substantial compliance with applicable laws. Originator agrees that the
legality of all marketing activities and processes and compliance with Federa l Trade
Commission and legal advertising rules by it, any related entity and any source of leads
are the sole responsibilities of the Originator. Likewise the legality of the methodology of
all servicing and processes related to forensic mitigation and legal supervision of credit
counseling are not the responsibility of Originator. Originator also agrees that if the law
firm who is the intended beneficiary of any leads coming from Originator determines in
its discretion that any marketing activities violate either Federal Trade Commission
guidelines as modified from time to time or rules relating to legal advertising or
solicitation upon notice or any other applicable law or regulation, upon notification
Originator shall cease the alleged violating activities or modify them to the point where
Facilitator based upon the opinion of the law firm who is receiving the qualified leads
believes they comply. Violation of Federal Trade Commission guidelines, state
advertising rules for lawyers, solicitation, or failing to maintain a compliant privacy
policy individually constitute an immediate ground for termination of this Agreement.
1.12 Upon receipt of a Prospect File, Facilitator, the law firm who is the intended
beneficiary of the Prospect File or one of their agents shall confirm that the Prospect File
meets the minimum eligibility requirements set forth in Exhibit A. It will be up to the law
firm to determine in its sole discretion based upon legal suitability and other factors the
law firm deems relevant if it wishes to accept or reject the Prospect as a client. The law
firm is under no obligation to accept any Prospect as a client for forensic mitigation
services or legal supervision of credit counseling even if it meets the requirements of
Exhibit A. Moreover, the Parties further acknowledge that with respect to each Prospect
File sent to the law firm, a lawyer admitted to practice in the jurisdiction where the
Prospect resides will have the final decision as to whether a Prospect can become a client
of the law firm for forensic mitigation. The Parties acknowledge that the law firm or its
affiliate has contracted with Facilitator to provide various services including the sourcing
of leads for potential new engagements and Originator may be one of several differe nt
1.13 If the law firm accepts a prospect to become a client for forensic mitigation, the
corresponding Prospect File shall become a legal file of the law firm subject to all of the
requirements of legal files of clients in a law firm and not the file of anyone else.
Notwithstanding the foregoing, regardless if a Prospect becomes or does not become a
client of the law firm, all Prospect Files shall remain Confidential Information subject
limitations as more fully described below.
1.14 While the Parties hope that Facilitator through a law firm can make forensic
mitigation services and legal supervision of credit counseling available in all 50 states,
Puerto Rico, the District of Columbia and other territories of the United States, Originator
agrees that Facilitator in its sole discretion may decide not to make services available in
particular jurisdictions at any time. It is possible that forensic mitigation may be offered
in states where legal supervised credit counseling is not offered and vice versa.
1.15 Exhibit B “States List” which is part of this Agreement contains the current list of
jurisdictions for which forensic mitigation services are available through a law firm
having lawyers licensed to practice in the particular jurisdiction.
1.16 Facilitator reserves the right unilaterally to modify Exhibits A and B at any time
without any advance notice with or without reason in the sole discretion of Facilitator and
without the consent of Originator. The Parties agree that Facilitator acting in good faith
shall be solely responsible for the interpretation of new developments regarding changes
in the applicable laws, regulations, enforcement and regulatory matters. Originator agrees
to any change in this Agreement including any Exhibit necessitated by changes in the
applicable laws, regulations, enforcement and regulatory matters. In such circumstances,
Facilitator acting in good faith will then modify this Agreement and any applicable
Exhibit to reflect the needed modification. In the case if the language in this Agreement
including any Exhibit is not formally changed, the Exhibit will be deemed changed to
reflect the change in the ability to provide services.
1.17 The entity that provides the forensic mitigation services for a particular consumer
shall be solely responsible for the services it performs. Facilitator and Originator shall
each be responsible for the services each performs under the provisions of this
1.18 Originator shall have no involvement in any of the services the law firm or
subcontractors of the law firm provide to clients of the law firm who started as Prospects
identified by Originator. The Parties understand that with respect to clients of the law
firm who started as Prospects identified by Originator, the law firm may also subcontract
to a third party who will provide their services under the direct supervision of the law
firm and lawyers licensed to practice in the particular jurisdiction where the consumer
receiving the services resides.
1.19 Facilitator and Originator agree that while this Agreement is in effect, Originator
will not forward leads to anyone for forensic mitigation or debt settlement to anyone
other Facilitator and the law firms Facilitator direct such leads to. In other words,
Facilitator and the law firm or firms it selects shall be the exclusive provider of the
forensic mitigation/debt settlement services contemplated under this Agreement in all
jurisdictions where the law firm provides forensic mitigation services or legal supervision
of credit counseling, unless Originator first notifies Facilitator via email or by writing to
the address provided in this Agreement.
1.20 The Parties agree that third parties will make decisions to accept or reject and that
the only function Originator has is to forward a name and contact information and ask the
qualifying questions as described elsewhere in this Agreement.
1.21 Originator agrees that it does not have the right to use the name, logo or distinctive
identifiers of Facilitator or any law firm to whom Facilitator transfers Prospect Files in
any advertising or communications in any form in any media without express written
1.22 The Parties fully acknowledge that Facilitator itself is not a law firm. Although
Facilitator or an entity having some affiliation with Facilitator may provide services for a
law firm in accordance with the policies and procedures approved by that law firm, on its
own other than the law firm neither Facilitator nor any entity affiliated with Facilitator
practices law or provides legal advice at any time under any circumstance. Moreover, it is
understood that any law firm where Facilitator forwards Prospect Files will not pay
Facilitator or Originator directly or indirectly referral fees for referrals to the law firm or
in any way share in the fees generated by the law firm from any consumer. Rather, the
law firm will pay for marketing and other services that will include generation of
Prospects that meet the minimum eligibility requirements of Exhibits A regardless if such
Prospects ever become forensic mitigation, collection services and accounting and
financial administration services. Fees paid by the law firm to Facilitator are on a fixed
basis and not related to clients engaged. Likewise, a law firm may but is not obligated to
retain Facilitator or an entity affiliated with Facilitator to work on particular Prospect
Files. Obligations by the law firm to the Facilitator or its agent is not contingent upon
payment from any law firm engagement and is no d ifferent than the purchase of file
folders to place papers of individual law firm engagements. Should any regulatory
authority ever take the position that the methodology utilized does involve referral fees or
fee sharing, the Parties agree to modify this Agreement so that its activities in the
applicable jurisdiction would not constitute fee sharing or payment of referral fees. If
modification is not possible, the Parties agree to terminate participation under this
Agreement in the particular impacted jurisdiction.
1.23 Originator acknowledges that every lawyer involved in any state has approved the
use of a Sales Presentation as set forth in Exhibit C “Sales Script” which is attached and
incorporated by reference. All of the Parties acknowledge that many persons and
organizations will rely on the representation from Originator that no one under their
direction or control has deviated from Exhibit C. Any deviation could create liability.
1.24 Notwithstanding the foregoing, Originator may request in writing a deviation from
Exhibit C. Before such deviation may be used by Originator, it must be approved in
writing by the applicable law firm where the Prospect File will be sent including all
lawyers for that firm and an authorized representative of Facilitator. The Facilitator
approval must be obtained in advance and in writing and will not be provided until the
law firm and all of the lawyers have approved.
1.25 Originator agrees to defend, indemnify and hold Facilitator, its affiliated entities,
employees, independent contractors as well as any lawyer or law firm involved in any
way with Facilitator or an affiliated entity of Facilitator harmless from any claim or
liability whenever made or discovered, without caps or limitations and regardless of who
makes the claim relating directly or indirectly from Originator or anyone affiliated with
Originator including but not limited to the original source of any lead violating any part
of this Article 1 including by way of example and not limitation deviating from Exhibit
C. Such liability includes by way of example and not limitation, legal fees, legal
malpractice claims, loss of income by lawyers, law firms and Facilitator, internal costs of
response and increased operating costs. Originator understands that each violation
constitutes for Cause grounds for immediate termination of this Agreement. The Parties
also acknowledge that the indemnification obligation arises before any judgment when
legal fees or other costs arise.
1.26 The Parties acknowledge that in certain jurisdictions, all aspects of forensic
mitigation services may not be available. While consumers will still be accepted, the
services would be limited as determined by the law firm. The parties also acknowledge
that under no circumstances will anyone other than the consumer hold consumer funds.
1.27 The Parties acknowledge that other than forensic mitigation services, from time to
time, Facilitator may offer other services to consumers who are provided forensic
mitigation services as well as offer services to consumers who did not become clients of
the law firm or who dropped out of a program. The arrangements for such services will
be between the Facilitator and the consumer.
1.28 Notwithstanding anything else set forth in the Agreement to the contrary, the Parties
agree that the role of Originator is lead generator for Facilitator.
2. Fees, Licenses and Payments
2.1 The Parties acknowledge that all fees collected from any consumer who becomes a
client of the law firm are legal fees of the law firm. Neither Facilitator nor Originator
shall have any right or claim against such fees. The law firm will set its fees within the
limits and guidelines set by laws of various jurisdictions.
2.2 With respect to forensic mitigation, Facilitator agrees to pay for each Qualified
Prospect meeting the requirements of Exhibit A the following: The sum of (the total debt
listed on the Consumer Contract x LEGAL FEE PERCENTAGE x 60%. This
percentage is increased to 65% once Originator has directed 100 Qualified Prospec ts to
Facilitator; it increases to 70% once Originator has directed 200 Qualified Prospects to
Payment is contingent upon a Qualified Prospect performing and making payments. No
payment is due to Originator until at least seven days after the actual draft date. Payment
for all Qualified Prospects depending upon the volume shall be made weekly, bi-weekly
or monthly based upon the number of Qualified Prospects forwarded under this
Agreement in accordance with Originator policies in effect and as modified from time to
2.2a The prospect will be required to pay a $195 Attorney Fee. The $195 is covered by
the client in addition to their fees and payments. Originator is responsible for determining
what date the $195 would come out, as well as when their first draft for the program
would be withdrawn. Again, this would be in addition to their fees and payments.
2.5 Facilitator agrees, upon request, to provide Originator a periodic report relating to the
Prospects identified as entered into Facilitator’s record keeping system and how
Prospects are performing. The Parties understand and acknowledge that at no time will
Originator have access to or the ability to view or receive any fee collection numbers or
billings to consumers from any law firm. The Parties acknowledge that the purpose of
these reports is to help Facilitator improve the quality of the Prospects and better identify
candidates who have a chance of successful program completion. Facilitator agrees to
provide Originator with access to records as may be reasonably appropriate for Originator
or its accountants to verify the amount and nature of its contractual obligation under this
Agreement excluding any information subject an attorney-client privilege. To the extent
that Originator requests anything that is not readily available which is not covered by an
attorney-client privilege and Facilitator must incur expense to produce such records,
Originator shall reimburse Facilitator for such costs including but not limited to internal
costs. Originator understands that notwithstanding anything else set forth herein to the
contrary at no time will Originator ever be able to receive information that is subject to
the attorney client privilege between a lawyer/law firm and a particular consumer.
2.6 The Parties acknowledge that if any consumer for whom Originator received any
payments from Facilitator drops the program, any payments with respect to that
consumer shall stop. Likewise, if there are any refunds paid to a consumer, there will be a
pro-rata adjustment to reflect the amount of the refund paid to the Originator based upon
the amount paid to Originator. Furthermore, on occasions wherein a refund is warranted
on any Prospect Files, Originator may be obligated to return to Facilitator any payments
which have been awarded, in accordance with this Agreement, in connection with such
Prospect Files. Originator may elect to return the refunded amount to Facilitator by either
i) mailing a check to the address provided by Facilitator on this Agreement, within 30
days of receiving notice that such a refund is due or ii) elect to have the refund deducted
from commissions which are due Originator within the next 30 days, if Facilitator has
commissions due which, at least, total the amount of the refund due.
3. Terms and Termination
3.1 This Agreement will remain in effect until terminated by one of the Parties in
accordance with the provisions of this Agreement.
3.2. Either Party may terminate this Agreement without Cause upon ninety (90) days
advance written notice. Facilitator shall also have the right to terminate if Originator has
less than 2 registered users for any month or if Originator fails to submit at least 10
Qualified Prospects in any ninety (90) day period. Either Party may terminate this
Agreement for Cause upon five (5) days advance written notice provided the Cause is not
cured within that five (5) day period. For this purpose, Cause is defined as substantial
breach of this Agreement.
3.3 Facilitator has no control over law firm and law firm’s right to terminate any client.
The Parties understand that the law firm will terminate any client if the law firm
determines in good faith at any time there is fraud or misrepresentation, the client fails to
make payments or comply with instructions, or for any other reason the law firm elects to
discontinue representation. In addition, should there be a change in the laws, regulations
or interpretive rulings impacting the ability of Facilitator or the law firm to offer services
or governmental intervention, if the services are not being provided by a law firm,
Facilitator shall also have the right to terminate services to particular consumer.
Consumers also have the right to terminate participation at any time.
3.4 The Parties acknowledge that in the event of termination of this Agreement, all
amounts otherwise payable to Originator by Facilitator under this Agreement and which
accrue after the effective date of a termination will cease as of six (6) months after the
effective date of the termination. Likewise, as of the effective date of any termination any
right of Facilitator to a pro-rata return of funds paid because of a refund incurred after the
effective date of termination will also cease as of six (6) months after the effective date of
the termination. Notwithstanding the foregoing, all indemnification obligations set forth
in this Agreement shall survive termination of this Agreement. There are no termination
benefits under this Agreement to either Party.
4. Ownership Rights
As between Originator and Facilitator and excluding anything that becomes part of a
legal file, both Parties agrees that each Party shall solely own and have exclusive
worldwide right, title and interest in and to the process, systems, data, or materials used
or produced by the specific Party in the performance of marketing or services called for
in this Agreement. Such ownership rights shall also apply to any materials or items
created or conceived by each Party while this Agreement is in effect that relate to any
marketing or services provided by each Party under the provisions of this Agreement. All
right, title and interest to any materials provided to Facilitator by Originator are and shall
remain the sole and exclusive property of the Facilitator. Originator agr ees that Facilitator
can offer products and services not contemplated by this Agreement to those persons
named in a Prospect File that meets the criteria set forth in Exhibit A and that Originator
shall have no right to any additional compensation in connection with any such usage.
Likewise, all property licensed under this Agreement shall remain the sole and exclusive
property of the licensor. Originator will not take any action that jeopardizes the
ownership rights of Facilitator or the applicable law firm relating to the licensed software
and software products. In addition, Originator will fully cooperate with any efforts of
Facilitator and/or the law firm to protect its ownership rights. Originator understands that
once a Prospect becomes a client of a law firm, Originator has no control over the
individual or the law firm’s use of the individual’s name for any other type of marketing
5.1 Each Party will hold in complete confidence and not disclose, produce, publish,
permit access to, or reveal Confidential Information of the other Party without the express
authorization of the other Party unless such information is no longer Confidential
Information. For purposes of this Section, Party also includes affiliated forensic
mitigation organizations, agents and entities related to, under common control, parent
organizations of a Party, subsidiary organizations of a Party and law firms. For purposes
of this Agreement, “Confidential Information” means all business information of any
kind, including all derivatives and the terms of this Agreement. It may be furnished
orally, visually, in writing, electronically, in tangible or intangible form. It includes but is
not limited to all drafts of documents, existing or potential patents, potential copyrights,
trade secrets, proprietary information, business plans, financial information, techniques,
schematics, blueprints, records, prototypes, sketches, drawings, models, inventions,
know-how, lists of current and potential customers, agents and suppliers, business
forecasts, sales and merchandising, policies and procedures, the methodology of forensic
mitigation utilized and marketing plans. Information of any client of a law firm is
Confidential Information. Information of any client, custome r or third party that would be
Confidential Information if it was information of a Party that is disclosed to one of the
Parties is also included in the definition of Confidential Information. This Section shall
be inoperative as to any particular portion of information as to which the other Party has
furnished documentary proof that such particular portion of the otherwise Confidential
Information (i) is or has become generally available to the public other than as a result of
a disclosure by the other Party or its agents, representatives or employees, or (ii) which
becomes common knowledge within the industry thereafter, provided such knowledge is
not obtained directly or indirectly as a result of a disclosure of information by the other
Party or (iii) which is rightfully obtained from a third party not under a any obligation of
confidentiality; or (iv) which the other Party can show was developed independently of
the otherwise Confidential Information received.
5.2 Disclosure of Confidential Information is not precluded if such disclosure is in
response to a valid order of a court or other governmental body of the United States or
any political subdivision thereof; provided that the other Party will first give notice to
owner of the Confidential Information so that the owner can make a reasonable effort to
obtain a protective order requiring that the Confidential Information be disclosed only for
limited purposes for which the order was issued.
5.3 Originator agrees not to directly or indirectly contact, deal with, transact, or otherwise be
involved with any corporation, partnership, trust , individuals, or other entity which is
contractually obligated to Facilitator and has been introduced to Originator by virtue of
Originator’s agreement with Facilitator. This primarily includes but is not limited to
attorneys, law firms, processing and servicing centers, with which Facilitator has an
5.4 Notwithstanding anything set forth in this Agreement to the contrary, Facilitator shall
be able to maintain as part of its records in perpetuity any Originator Confidential
Information relating to any services it provided under the provisions of this Agreement.
5.5 Originator agrees that if it works with any affiliated organizations, agents or
subcontractors, it is fully responsible for their actions and all of the provisions contained
in this Agreement such as by way of example and not limitation restrictions on lead
generation activities, representations that can be made, non-solicitation and privacy
6. Entire Agreement
This Agreement constitutes the entire agreement of the Parties. It supersedes and replaces
any prior contemporaneous oral or written understanding as to the subject matter
contained in this Agreement and excludes all implied representations, conditions,
warranties, and other terms. Each Party acknowledges that it is entering this Agreement
because of its own independent investigation and not because of any representation of the
other Party contained herein.
7. Inte rpretation
If a court or arbitrator determines any individual provisions of this Agreement void or
unenforceable in a final non-appealable decision by an arbitrator or court of competent
jurisdiction, the validity of the remaining Agreement shall not be affected. Any provision
deemed invalid or unenforceable in a final and non-appealable decision by an arbitrator
or court of competent jurisdiction should be severed from this Agreement. In such a case,
the Parties shall by mutual agreement substitute for the provisions concerned a provision
considered equivalent in economic terms. This Agreement will be interpreted fairly as to
all Parties and not in favor or against the Party who drafted it. The Section and
Subsection headings used herein are for convenience or reference only, are not a part of
this Agreement and are not to affect the construction of, or be taken into consideration in
interpreting, any provision of this Agreement. No waiver of any of the provisions of this
Agreement shall be deemed to be or shall constitute a waiver of any other provision of
this Agreement, whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver of any provision of this Agreement shall be binding on the Parties
hereto unless it is executed in writing by the Party making the waiver.
Except in the case of the Exhibits and a change in an address for notices as set forth
below modifications in operating standards as discussed above, changes in the ability to
operate in a particular jurisdictions, modifications of or amendments to this Agreement
shall be valid only when made in writing and signed by authorized representatives of both
This Agreement may not be assigned without written consent of the other Party.
10. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Nevada without application of choice of laws.
11. Counterparts and Facsimile
This Agreement may be executed in counterparts. Each counterpart shall be treated as if
it were the single original. A facsimile or electronic signature shall be treated as if it were
an original signature.
12. Indemnification and Limitation of Liability
Each Party will indemnify, defend and hold the other harmless against any and all third
party liabilities, losses damages, costs and expenses made against the other whenever
discovered or arising as a result of any claim arising relating directly or indirectly to the
provisions of this Agreement. The obligation shall arise as of the time indemnified party
has an obligation to pay defense costs. Excluding claims from third parties, the limitation
of either Facilitator or Originator shall not exceed the greater of the amount paid by
insurance or One Hundred Thousand Dollars ($100,000). Any obligation of
indemnification shall be subject to immediate notification and full cooperation of the
indemnified Party. Indemnification shall not apply with respect to illegal acts and
negligence of the indemnified Party. In the case of fault by both Parties, liability shall be
apportioned in accordance with fault. The indemnified party will not have the right to
select counsel unless they pay the cost of that counsel. THE FOREGOING WILL
APPLY REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF
ACTION. THE ESSENTIAL PURPOSE OF THIS SECTION IS TO LIMIT THE
POTENTIAL LIABILITY OF EACH PARTY AND ITS AFFILIATES ARISING OUT
OF THIS AGREEMENT. THE PRICES OF THE SERVICES AND THE
COMMERCIAL TERMS OF THIS AGREEMENT REFLECT THE FOREGOING
ALLOCATION OF RISK. THIS SECTION IS SUBJECT TO ANY LIMITATIONS OR
EXCEPTIONS UNDER APPLICABLE LAW AND TO ANY OTHER PROVISIONS
IN THIS AGREEMENT THAT PROVIDE TO THE CONTRARY. The right of
indemnification shall extend to any law firm or lawyer affiliated with suc h firm where
Prospect files are forwarded by Facilitator and will include but not be limited to claims
made by a state bar, supreme court, attorney regulatory authorities, Federal Trade
Commission against any lawyer or law firm relating directly or indirectly to actions of
Originator, their employees, subcontractors, service providers, agents or affiliated
organizations without limitation.
13. Dispute Resolution
Any proceeding or dispute relating directly or indirectly to this Agreement shall be
submitted to final and binding arbitration before the Judicial Arbitration and Mediation
Service (“JAMS”) before a single arbitrator in Las Vegas, NV. All arbitrators shall have
expertise in the subject matter of the dispute. The arbitration process including the
selection of an arbitrator, exchanges of requests for information and the arbitration
hearing, shall be completed within sixty (60) days following the initiation of arbitration.
The actual arbitration hearing shall be limited to one day and the arbitrator (s) shall issue a
written opinion specifying the reasons for the decision with ten (10) days following the
arbitration hearing. Judgment upon any arbitration award may be entered in any court
having jurisdiction located in Las Vegas, NV. This provision will be self-executing and
in the event anyone fails to appear at any properly noticed arbitration proceeding; an
award may be entered against such party notwithstanding such failure to appear. In the
event of any litigation or arbitration hereunder, the arbitrator or court shall award costs
and reasonable attorneys’ fees to the prevailing party. The Parties agree that any breach
of the obligations under this Agreement which is otherwise not subject to remedy by
monetary damages that will cause irreparable harm will be entitled to injunctive relief
and other forms of equitable relief in addition to all other remedies provided in this
Agreement or available at law, in any court of competent jurisdiction. This dispute
resolution requirement shall survive termination of this Agreement. Any claim must be
submitted to arbitration within the earlier of twelve (12) months of termination of this
Agreement or twelve (12) months from the date of discovery or shall be void.
All notices, requests, demands and other communications under this Agreement shall be
in writing and shall be deemed to have been duly given on the date of delivery if
delivered personally to the party to whom notice is to be given, or on the third (3rd) day
after mailing if mailed to the party to whom notice is given, by first class mail, registered
or certified, postage prepaid, and properly addressed as shown on the last page of the
Agreement. The address for notices unless changed is the address set out in the signature
block of this Agreement. Either party may change the address to which notices to such
Party are to be addressed by giving the other Party written notice of such change in the
manner herein set forth.
15. Third Party Beneficiaries
Except as set forth herein and in the case Facilitator subcontracts any portion of its rights
or obligations hereunder as well as applicable forensic mitigation organizations and law
firms, law firms and lawyers who are involved with files or consumers coming from
Originator, none of the provisions of this Agreement shall be for the benefit of, or
enforceable by, any third-party beneficiary. In the case of the exceptions noted at the
beginning of this Section, the impacted party shall be a third party beneficiary under this
16. Independent Contractor Status
The Parties are and shall be independent contractors to one another, and nothing herein
shall be deemed to cause this Agreement to create a, partnership or joint venture between
the parties. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between personnel of one Party
and the other.
17. Cumulative Remedies
All remedies available to either Party for one or more breaches by the other Party are and
shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies.
18. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties, their
successors and assigns. Not assignable unless authorized in writing by both Parties.
19. Effective Date
This Agreement shall be effective as of the date the last Party signs it.
20. No Practice of Law
Originator shall not perform any services that are proscribed to a lawyer by statute, court
rule, administrative rule or regulation, controlling authority, the applicable rule of
professional conduct of the applicable Jurisdiction, or this Agreement. By way of
example, but by no means an exhaustive list, the Parties agree tha t the Originator shall
not be responsible for any of the following: establishing an attorney-client relationship;
establishing the amount of a fee to be charged for a legal service; or rendering a legal
opinion or conclusion of law. No attorney-client relationship shall be established between
any consumer and Originator. No attorney-client relationship will be established unless
and until any proposed contract is accepted by a lawyer licensed to practice in the
jurisdiction where the consumer listed in the proposed contract resides approves the
consumer to be a client. The Parties shall make this fact clear in all communications with
consumers. The Parties agree to take all reasonable measures to ensure clients, courts,
and other lawyers are aware that Originator and its staff are not licensed to practice law.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS
AGREEMENT; THEY UNDERSTAND IT AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. THE PARTIES FURTHER AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE PARTIES. EACH PARTY AND EVERY
INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTS
THAT THEY ARE FULLY AUTHORIZED AND EMPOWERED TO ENTER
INTO THIS AGREEMENT.
IN WITNESS WHEREOF, the Parties by their duly authorized representatives have
executed this Agreement.
Signed By: ____________________ Signed By: _________________
Title: _________________________ Title: ______________________
Date: ___________________________ Date: ______________________
Address: 7260 W Azure Dr Address: ___________________
Ste 140-633 Las Vegas NV 89130 ___________________________
NEW ACCOUNT INFORMATION
BROKER NAME: _________________________________________
COMPANY NAME: _______________________________________
EIN: _____________ or SSN: ______________
Phone Number: _______________Cell Number: _________________
Email address: ____________________________________________
Company Contact: _________________________________________
Phone Number: ____________________________________________
City, State, Zip: ____________________________________________
Account Executive: ________________________
DIRECT DEPOSIT FORM
The following information is required to s et your branch up on the Direct Deposit Program. Please
complete this form and email or fax it back to your Account Executive.
Name on Account:
Type of Account:
Business Checking Business Savings
Personal Checking Personal Savings
* There is a $5.00 bank fee for Direct Deposit
Exhibit A “MINIMUM ACCEPTANCE STANDARDS”
Total Debt Minimum: $5,000 Min Debt Amount per creditor: $350 No Less than 3 creditor
accounts per client Monthly draft never less than $250 No more than a 48 month program
What we will take
1. Unsecured credit cards
2. Repossession balances. (Car and house are typical)
3. Past due utilities.
4. Attorney fees.
5. Vendors for the self employed. (Special deal that requires a special program)
6. Veterinarian hospitals.
7. Balances from previous rentals or broken lease agreements.
8. Hospital bills.
9. Cred it Un ions if no other accounts with that credit union, such as bank accounts or car loa ns.
10. Payday loans if the consumer has less than 3 and they are not attached to a bank account. If they
are consumer will have to close his account and open a new one. (Payday loans will not be included in the
We do not take:
1. Secured Debt (examples: car balances where the car hasn’t been repossessed, Conn’s accounts,
3. Small Business Administration loans (government backed)
4. Car Loans (if car or any vehicle has not yet been repossessed)
5. Cash advances/balance transfers more than 25% of the debt if done in the last 6 months. (The
client can put the account on the program if the client agrees to make minimu m pay ments with the creditor
for a period of 6 months fro m the date of the last cash advance or balance transfer.)
6. Individual debts under $350. (No co mbin ing, for examp le, 2 Capital One accounts at $250. each.)
7. Payday loans if customer has more than 3.
8. Gambling debt with casinos.
9. State or Federal Taxes.
10. Cred it Un ions where there is a secured account with the credit union, such as a bank account or
11. Student Loans/ School Tuitions
12. Personal Debts with friends or family members.
13. Military accounts such as Military Star, Navy Federal Cred it Un ion.
14. Federal Credit Unions
15. Clients that do not have banking information.
16. First payments that are 14 days out or more fro m the time the contract comes in, unless there are
very special circu mstances.
17. A consumer that recently has had a summons and complaint given to them by a Sherriff or p rocess
18. Accounts with judg ments attached
19. CashCall accounts
20. Insurance (any)
21. American General o r CitiFinancial accounts
22. Child Support debt
23. E-Trade accounts (for examp le: credit cards for buying and selling stocks)
Client must list ALL unsecured creditor accounts that will be part of the Settlement Program. They can only keep credit
cards un der $1,000.00 or credit cards for business if the client is self-employed. In this case, it must be notated fully.
“STATES AND TERRITORIES LIST”
ARIZONA WEST VIRGINIA
CALIFORNIA PUERTO RICO
DISTRICT OF COLUMBIA
NORTH CAROLINA (no negotiations)
WISCONSIN (no negotiations)
EXHIBIT C “SALES SCRIPT”
A – INTRODUCTION
Comment: You cannot deviate from the substance of this Script without
authorization from the lawyer admitted in the jurisdiction of residence of the
applicable consume r. While you may paraphrase, you may not deviate from the
substance. The reason no deviation is pe rmissible is to prevent anyone from
making a claim that a sales consultant is engaged in the unauthorized practice of
law. The Script has been approved by each lawyer who is affiliated with Ritter
Law Group. Please also remember that we want to help people who are in
financial distress and are providing a service. Nonetheless, while we can help many
people, we cannot help everyone. There are three separate options, forensic
mitigation, bankruptcy and enrollment in a debt management plan. The cons umer
must meet the criteria for any option you present to them. Also remembe r that you
cannot and are not selling legal services, you are merely pre -qualifying consumers.
Q-Good Morning/Afternoon, this is (your name) speaking
How may I help you?
–Or-I am calling in response to an internet form that you filled out looking for some
assistance with your debt situation. Your e-mail address is ________, correct?
-Or-I am calling you to describe and discuss options you may have to become debt free
based upon your current financial situation.
A-Wait for the entire answer
Q-What is your name?
Q-Name of Person, we want to explore with you possible ways to deal with
current financial situation. Obviously you would like assistance, correct?
B -GATHERING INFORMATION
Comment: The purpose of this Section is to make a quick determination if the re is a
chance the cons umer could qualify for forensic mitigation, bankruptcy or enrolme nt
in a debt management plan. If there is no chance the consume r could qualify for
forensic mitigation, politely terminate the conversation unless they could qualify to
participate in a debt management plan or are a candidate for bankruptcy, or
consume r credit counselling. If they are a candidate for credit counseling or a debt
manage ment plan, forward them to cre dit counseling or debt management plan
intake. Before making the transfer, make sure they satisfy the filter at the end of
this Script and they consent to the transfer.
MAKE SURE YOU TELL THE CONSUMER THAT THE INFORMATION
THEY WILL BE SUPPLYING IF THEY MOVE FORWARD IS GOING TO
BE REVIEWED BY A LAWYER AND MUST BE TRUTHFUL AND
COMPLETE. THE LAWYER AND OTHERS ARE GOING TO RELY ON
THE INFORMATION THE CONSUMER SUPPLIES AS BEING
COMPLETELY ACCURATE. NO MATTER HOW BAD IT MAY LOOK
PROVIDING INFORMATION THAT IS NOT TRUTHFUL OR
INCOMPLETE WILL HURT THE CONSUMER.
Q-Great, Name of Person why don’t you tell me a little bit about your debt situation:
(If they are late) What exactly happened to cause you to fall behind in your payments?
Comment: Confirm how late they are. If they are more than 60 days late, they will
not qualify for debt manage ment plan, but could still qualify for fore nsic mitigation
(If they are on time) Do you want to try to handle your debt at this time and do
something to pay off the entire debt rather than just make minimum payments each
Comment: Dig deep. Find the REAL reason, beyond… it is the right thing to
do –or-the consumer is getting too many phone calls.
Q-Thank you! Name of Person I am going to need to ask you a few questions to get
1. What is your name?
2. What is your age and marital status?
Comment: A pe rson must be of legal age and if they are married their spouse may
also have to sign the documents. If they are over the age of 65, we need to be aware
and make sure we are not engaging in elder abuse. You also may need to make the
explanation to husband and wife.
3. What is your state of residence?
Comment: The services are not available in all states. You will need to verify
the list of approved jurisdictions to confirm it is a pe rmissible jurisdiction.
The issue is the consumer’s legal residence.
4. Do you read, speak and understand English and are capable of entering into a
transaction in English?
Comment: If they are not fluent in English, the explanation and all other
explanations need to be in a language they unde rstand or the re must be a translator
5. Have you been late or skipping payments in the past year with any of your bills?
Comment: In debt management if someone is more than 60 days late, it will not be
possible to put them in credit counseling. In forensic mitigation and bankruptcy this
is not an issue. The cons umer will have to be in a default status in most instances in
forensic mitigation before there can be meaningful negotiations.
6. How much do you or have you spent on your credit card monthly payments?
Comment: The amount is instructive of the amount they may be able to afford for
payments in a forensic mitigation program. In the case of debt management, unless
the consume r is able to pay approximately 2.5 percent of the total debt each month,
they will never be able to succeed in a debt management plan.
7. Are you currently employed (Employee or independent contractor)?
Comment: This is helpful to determine if a co nsume r will be able to afford making
the payme nts. Unless they will have some way to make payments each month, you
should politely terminate the call. The only alternative may be bankruptcy. Even in
bankruptcy, they have to be able to afford the fees.
8. What is you gross income before taxes?
9. If you had just 1 monthly payment to eliminate your debt, how much could you
Comment: This is very important for you to be able to figure out how much they
will be able pay each month.
Comment: Make sure you have the quote calculator pulled up and do the math
I would like to go ahead and explain the options that are currently available to you and
others who are in a financially stressful situation. Although I am not a lawyer, all of the
explanations I am providing to you have been reviewed by and approved by a lawyer
admitted to practice in your state. Before I go through the alternatives, I also want to
fully understand that you are in a difficult situation. There are no easy or simple
solutions. Every alternative requires hard work and sacrifice. If anyone tries to tell you
that they can easily repair your credit and eliminate your financial difficulties by
entering a credit repair or other type of program without a ny sacrifice or hard work, do
not believe them. The truth according to the Federal Trade Commission is that those
promising services to easily repair your credit cannot deliver. After you pay them
hundreds or thousands of dollars in fees, the Federal Trade Commission reports those
parties do nothing to improve your credit report. Most simply vanish with your money.
No one can legally remove accurate and timely negative information from a credit
report. The law allows you to ask for an investigation of information in your file that
you dispute as inaccurate or incomplete and have your credit report corrected to reflect
the true facts. To effectively deal with your situation, you have to treat it as financial
There are five alternatives for people in a serious financial predicament like you: 1-
making minimum payments; 2-obtaining a consolidation loan; 3-bankruptcy (Chapter 7
and 13); 4-debt management/credit counselling (legally supervised and without legal
supervision) and 5-debt settlement/forensic mitigation.
Now let me focus on those 5 choices.
1. Minimum Payme nts: One choice is to pay the minimum payments to your creditors
for the next 20 to 30 years. Obviously this is or will be a problem for you if you are or are
likely to fall behind in your payments. Making the minimum payments does not eliminate
debt. The debt continues and depending upon the interest rate could increase over time.
Bear in mind that the interest rate could be as high as 39 percent. Based upon the
applicable interest rate your debt could even grow. At best, making minimum payments
is like treading water and You are doing nothing to eliminate your debt.
1. Consolidation: Another way to deal with your situation is for you to consolidate
your bills into one payment by borrowing the money from a lender. This option may be a
problem as well right now. Your credit profile will be affected if you are behind in
payments. In order for this option to be the most effective your credit profile must be in
good standing to get a fair interest rate. It is also possible that you may not be able to get
a consolidation loan. Banks are not readily lending money any more. Consolidation does
not reduce your debts. It just combines them into one single payment.
3. Bankruptcy: Another option is to file for bankruptcy. Since the passage of the new
bankruptcy laws, filing bankruptcy is not as easy as it once was. There are two kinds of
bankruptcy, Chapter 7 and Chapter 13.
A. Chapter 7 is called straight or liquidation Bankruptcy. The court appoints a Trustee
who may liquidate or sell some things that you own to pay your creditors. Most of your
debt will be cancelled, but you may choose to pay some creditors, usually to keep a car or
home in which the creditor has a lien. If you have any assets that you want to retain,
Chapter 7 can have complications.
B. Chapte r 13 works much like credit counseling and debt management plans which I
will explain next. In Chapter 13, most of your debts are reorganized into a single monthly
payment. The payment will continue for 36 to 60 months. You may not have to repay all
of your debt. The minimum payment may be affected by property you want to keep.
When you complete the payments, debt not paid is discharged.
Some people are opposed to bankruptcy on moral grounds. It is much more difficult to
declare bankruptcy than it used to be and bankruptcy is highly regulated with
requirements that could be an imposition on you. Some lawyers who handle bankruptcy
will not accept cases unless the amount of debt is at least $45,000. Bankruptcy whether
Chapter 7 or 13 will stay on your credit report for up to ten years once you get out of
bankruptcy. If you want to pursue bankruptcy, we would suggest that you talk with a
2. Credit Counseling/Debt Manage ment: Debt management plans offered through
non-profit credit counseling agencies and for profit organizations are another alternative.
In practice, if you enroll in a debt management program, all of your creditors will agree
to a specific plan for you to repay them in full. Under this approved plan, each month you
will agree to pay a specific amount of money. The money you pay will be divided up
amongst all of your creditors. Interest on the amounts you owe will also continue to
accrue. It will however be at a lower rate than you currently pay in most instances. If you
are in a debt management program, even though you will repay your creditors in full, you
will not be able to use any of the cards enrolled. You can only enroll unsecured credit
card debt. Debt management plans does not reduce the principal amount of debt and you
will continue to have high payments. You will remain obligated for the entire principal.
Only the amount of interest and penalties could be reduced and during the entire time you
are in the program interest will continue to accrue. In the end, you will pay more than 100
percent of your debt. During the entire time you would be in a debt management
program, it will be noted on your credit report and will not come off until you are out of
that program in the 3 to 8 year time span. Not all creditors offer reduced rates for credit
counseling and debt management plans. For option to make sense for you, you have to be
in a position to pay approximately 2.5 percent or more of the enrolled debt per month.
There are also many rules associated participation including how many times you
defaulted on a payment while in a program. Creditors may pay the credit counselors for
the services. The failure rate in credit counseling programs is very high and unless you
fully complete the program, each of your debts will not go away. There has been some
controversy regarding some organizations that engage in credit counseling and offering
debt management plans. In fact, the Internal Revenue Service has recently investigated
some and even revoked their tax exempt status. One way to make the playing field more
level with credit counseling is to enroll in a legally supervised credit counseling program
where a lawyer will look over everything. While it adds costs, it also provides additional
benefits. The one benefit of a debt management program is that no creditor will take any
legal action against you as long as you comply with the requirements of your program.
5. Debt Settlement/Forensic Mitigation: Another alternative is debt settlement/forensic
mitigation. Debt settlement/forensic mitigation is process where a third party acts on your
behalf to negotiate with each of your creditors, one at a time, to reduce the amount of
your debt. The process involves you putting aside a certain amount of money each month.
Out of the money you put aside each month, a portion goes to pay your fees and the rest
goes into a savings account. Once your savings reaches a certain level, a third party
begins negotiating with one of your creditors. Once the third party agrees to a settlement,
the savings you have accumulated are then used to pay the settlement. After the first
settlement, the process is repeated with the other creditors sequentially until all of your
enrolled debts are settled. In order to participate in debt settlement/forensic mitigation,
you must have a genuine financial hardship. Otherwise, a creditor could claim you are
attempting to defraud them and that you never had any intention of repaying them.
There are two types of debt settlement, legally supervised debt settlement where a law
firm provides and supervises the services and traditional debt settlement where lawyers
are not involved. We believe that the use of the lawyers is a superior approach. Debt
settlement with lawyers we refer to as forensic mitigation.
In debt settlement/forensic mitigation, you have an advocate who is working for you and
who is not paid by creditors or is supposed to be neutral like a trustee in bankruptcy. The
average debt settlement program/forensic mitigation are estimated to be completed within
36 months. The total costs including the fees and settlement amounts in debt
settlement/forensic mitigation is going to be substantially less than in a debt management
plan. You get to keep your other assets and do not have to get involved with a bankruptcy
Does forensic mitigation sound like something that could work for you?
Comment: If they say yes, great... if they say no... Try to find another way to
explain, or ask the m what it is they do not understand so you can make it clearer.
The prospect will probably end up asking... if we are telling the m to stop paying
their bills… Simply re ply: I cannot tell you if you participate in a forensic
mitigation program to stop paying your bills and would not advise you or anyone
else to stop paying bills. If all you do is to make the minimum payments, you will
never get out debt. It is possible that even with making the minimum payments the
amount you owe could increase. What you are doing now is not working and getting
more difficult. Your alternative is to consider something else.
G: RISKS AND OTHER ISSUES WITH FORENSIC MITIGATION
There are some specific issues involving forensic mitigation. Let me next try to address
each of these issues. There is a risk that a creditor could file a lawsuit or a claim in
arbitration against you. Considering the amount that you can save, this may be a risk
worth taking. As you know, every investment has a risk tied to it. Second, participation
could impact your credit scores. They will suffer while you are in the program, but
should improve once you successfully complete the program. What is more important to
you, getting out of debt as quickly and cheaply as possible, or preserving your credit
rating? When you complete the program your credit rating should improve.
The third issue associated forensic mitigation is calls from creditors. While enrolled in a
forensic mitigation program, you may receive phone calls from your creditors wanting
payment and perhaps even threatening you. Contrary to what anyone may tell you, the
creditor has a right to call you. However, there are rules they must follow that many may
not. Also bear in mind that creditor calls may be a good thing. First it means they are not
suing. Second, creditor calls depending what the creditor says or does may give you an
opportunity at no cost to you to bring an action against the creditor and create more
leverage for a settlement. If you enroll in a forensic mitigation, the custom service
representative would work with you to deal with the calls and better understand how to
deal with them.
The debt settlement program that we recommend is through a law firm. There are
advantages to working through a law firm. However, you have to understand that if you
enroll in a legally supervised program the services the law firm would provide would be
limited to forensic mitigation services and not to any other type of legal services. It is
possible that the firm could agree to handle other matters for you such as bankruptcy or
representation in an action with a creditor, but there is no guarantee they will. If they do
so, there would be other fees.
H. RITTER LAW GROUP
Let me explain the fees that the law firm we recommend, Ritter Law Group would charge
for you to if you became involved in a forensic mitigation program offered through the
law firm. Ritter Law Group is a multi- jurisdictional law firm that works with consumers
like you throughout the US. Its affiliated lawyers include people who formerly worked in
Attorney general Offices, for other regulatory agencies in various states and the federal
government, a former general counsel of a large company, people who have worked as
lawyers for financial institutions, litigators and transactional lawyers. The firm has vast
experience and is dedicated to helping consumers. They have the capabilities to handle
forensic mitigation, bankruptcy and supervise participation in debt management
I: FEE ESTIMATE OF THE RITTER LAW GROUP FORENSIC MITIGATION
The legal fees Ritter Law Group charges for forensic mitigation are approximately
_____________ (use your internal pricing plan for estimates). The party you select to
hold your savings handle ACH transfers for you to pay fees and to pay settlements may
charge you a set up fee and a transaction fee each time it drafts funds allowing anyone
to enter the program. The entire legal fee is due at the time you execute the contract.
However, the law firm will allow you pay it over a ____ month period.
Comment: If someone questions the amount of the legal fee, remind the m that if you
go into a restaurant, people leave a tip for service of 15 to 20 percent. When people
park their car, the tip provided to the valet as a percentage of the parking cost is
often higher than 18 percent. If you are going to have professionals on your side,
they will not work for free. There is a cost. As mentioned above, Ritter Law Group
has expertise and expe rience that can work for the consume r. Remember as noted
above, you cannot negotiate the fees. Stress that the Ritter Law Group has
standards and that they do not want anyone in the program unless they think they
J. REFUNDS AND TERMINATION
Ritter Law Group has a very generous refund policy for forensic mitigation. If you
change your mind in the first 10 days, you get all of your money back. All you would
need to do is to notify Ritter Law Group in writing that you want to cancel and mail it to
them. No questions asked!
Comment: Pull up your calculator and begin to see if the pers on can fit in
the forensic mitigation program and how much of a payment the consume r
Comment: Remember also that the payment should be close to 15% of their gross
income to follow the 80-10-10 rule.
Comment: Remember if the debt to income ra tio does not meet the unde rwriting
criteria, the person will automatically be rejected and the prospect should contact a
bankruptcy lawyer. The computation will be computed on the calculator.
Comment: Use an example to illustrate. If your debt was exactly $______ putting
you on standard Ritter Law Group Fore nsic Mitigation Program of ____ months
(whatever you have determined to be the longest program they can be on) your
payment would be around $_____ per month. All fees are included in the numbers I
am giving you.
Once you have determined that the prospect can afford the forensic mitigation program
and it appears they are not against it then you ask...
Do you think that this payment will be affordable? When do you think you will be
able to make your first payment?
Comment : If they say any date that is further then 3 weeks away; inform them
that we cannot push out the first payme nt that far or we can call back closer to the
payment date.. (Flexibility). Make sure the first payment date is at least 5 business
days in the future.
Based upon your decision to move forward with forensic mitigation, go forward and
complete the Enrollment Package with them.
Comment: Next you instruct the consumer how to access the documents online and work
with the consumer to complete the enrollment package.
Once the documents are completed, the Sales Consultant will contact the person
handling verification service who will then ve rify the consume r understands the key
After each presentation is completed, the sales person who spoke with the client
must fill out and sign the declaration. The re is a separate declaration for credit
counseling and forensic mitigation. Only one needs to be completed. No file can
move any further unless the Sales Declaration is executed. Failure to comply with
the requirements contained in this declaration shall be the basis of termination of a
REMEMBER-If at any point in the presentation, they do not appear interested in
forensic mitigation, see if there is any interest in credit counseling. Ask the following
1. Do you have a minimum of $5,000 in debt?
2. Is the debt unsecured?
3. Are you current or behind?
4. Do you have money coming in? (client must be able to afford 2% of their balance
on a monthly basis)
5. Are you interested and serious about taking care of your bills?