ALLIED NATIONAL SERVICE AGREEMENT
TERMS AND CONDITIONS
1. It shall be the intent of the Creditor/Client to retain the
services of Allied National for the purpose of providing debt
collection services. In the interest and spirit of maintaining
the highest level of ethical and professional standards the
parties agree to conduct themselves in accordance with the FDCPA,
Fair Debt Collection Practices Act, and FCRA: Fair
Credit Reporting Act. In addition all collection activity
shall be conducted in accordance with the Code of Conduct
of the ACA, American Collectors Association as well as the standards
set forth in the Operative Guidelines of the CLLA, Commercial
Law League of America.
2. By placing a claim for collection, Creditor
/ Client grants to Allied National full discretion and authority
to proceed with all collection efforts it deems necessary, including
the referral of claim(s) to attorneys for the filing of suit,
obtaining of judgments, and post judgment enforcement. *Lawsuits
will only be initiated with the authorization of the creditor/client.
3. Allied National is granted absolute discretion
and authority to act as it deems appropriate in the collection
of claim(s) and is authorized to accept partial payments. Furthermore
Allied National shall have the right to endorse for deposit
and collection any checks payable to the Creditor/Client. The
compromise or settlement of any claim(s) will not be made without
the consent of the Creditor/Client.
4. Claim(s) forwarded to outside counsel for
legal action: Knowing that time is of the essence, and delays
in filing suits can compromise the collection of any claim(s),
Allied National is authorized to advance payments for court
costs, attorney's fees, skip tracing, due diligence, and all
other costs associated with the obtaining and enforcement of
judgments. All costs for legal actions shall be and remain the
responsibility of the Creditor/ Client. Advances made on behalf
of the Creditor/Client will be itemized and accounted for and
will be deducted from the first payments made by the debtor
unless previously paid by the Creditor/Client.
5. Acting in accordance with the FDCPA, all
communication with the debtor(s) will be conducted by and through
the offices of Allied National. Therefore Creditor/Client agrees
to cease all communication with the debtor(s) or to have the
claim handled by any other institution, collection agent, or
representative. Creditor/Client agrees to inform Allied National
immediately as to the nature and content of all contacts which
debtor(s) makes or attempts to make directly with the Creditor/
Client as well as all other matters of importance or that are
germane to the collection of the claim(s). Claim(s) that are
compromised by the Creditor/Client and or settled directly with
the debtor are subject to fees. Any claim(s) paid directly by
the debtor(s) to the Creditor/ Client shall be subject to fees
as well.
6. In the event claim(s) are withdrawn or the
services of Allied National are terminated without cause, it
is agreed Allied National shall be entitled to fees on such
claim(s), and be reimbursed and recover from Creditor/Client
any advanced court cost, attorney fees, and due diligence expenses
incurred on behalf of the Creditor/Client. Once legal Proceedings
have been initiated, whether pre or post judgment the withdrawal
or cancellation of the claim(s) is only permissible after all
fees, court cost, and due diligence expenses have been paid.
The jurisdiction for resolving any dispute arising under this
agreement shall be in Omaha, Douglas County, Nebraska, United
States of America.
