Nationwide Legal Support
Miller, Ross & Goldman provides our clients with comprehensive legal support in all 50 U.S. states through our nationwide network of commercial collection attorneys.
Although more than 90% of all commercial claims placed with us are successfully recovered free of any need for a collection lawsuit, some non-payment situations may require formal legal remedies to protect our client’s financial interests.
When a lawsuit is prudent and necessary, we will contact you to discuss our recommendations and obtain your written authorization to proceed on your company’s behalf. In the event we exhaust our collection efforts without a successful payment resolution, we will evaluate the merits of legal action through the process outlined below.
Claim Legal Review Process
In most cases, the following criteria must be met to warrant consideration for legal action:
- The principal balance owed is at least $5,000.00 U.S. Dollars
- Your indebted customer is in business, or there is a Personal Guarantor
- Valid, legible documentation exists in full support of the indebted claim
- Your indebted customer and/or its Guarantor, has not filed for bankruptcy protection
Provided these conditions are met, we will then advise you of the costs necessary to initiate the elevated legal process to enforce payment through the courts.
Exclusive Contingency-Based Collection Attorney Fees
As a Client of Miller, Ross & Goldman, you will not be charged hourly attorney fees for the collection lawsuit to be filed and handled on your company’s behalf. Our legal contingency rate of 40% will apply only to funds successfully recovered as a result of the suit process.
You will be invoiced for court costs, filing fees and service of process fees, which must be paid before legal action can commence. These additional costs will also be pursued from your indebted customer (the defendant), in addition to the past-due balance owed, whenever possible. Provided these costs are successfully awarded by the court and collected from the defendant, they will be reimbursed to you.
Exceptions to Contingency-Based Legal Fees
Some legal claims involve a broad scope of complex elements and require a comprehensive amount of due-diligence, legal research, discovery etc. in order to build and present a solid and compelling case. In such instances, a contingency-based fee agreement without a non-contingent fee or hourly retainer may not be possible. These circumstances include:
- A countersuit filed by your indebted customer
- Complex contractual disputes
- Claims involving fraud or any other alleged criminal conduct
- Claims requiring mediation and/or arbitration
- Claims that must be tried in more than one jurisdiction
- Claims that lack sufficient evidentiary support
- Claims involving multiple witnesses and/or requiring depositions
In the event legal action against your indebted customer cannot be handled solely on a contingency basis, we will contact you to discuss an augmented strategy best-suited to the situation. Any time a non-contingent fee or hourly retainer is indicated, as our Client, you can be assured of the most competitive rate possible to aggressively pursue a successful outcome.