Service Level Agreement

Terms and Conditions

The following sets forth the agreement (the "Agreement") between Lowenstein & Schwartz Recovery Group (L&S) ("we" or "us") and you ("you") as the person placing debt claims for collection:

  1. If we ask, you'll send us copies of records evidencing the claimed debt. We'll try to collect all or a portion of the debt except where prohibited by law. We may elect not to accept any claims from you. If we collect some or all of the debt, you'll pay us the following amounts:

    Commercial Collections

    Primary Placements 25% per collection
    Primary Placements 30% per collection
    Secondary Placements 40% per collection
    Secondary Placements 45% per collection
    Returned merchandise 15% of amount placed for collection

    Debts paid prior to placement will be billed at above fees.

    L&S will never litigate an account without your prior consent. Once you authorize us to begin litigation, we will commence the action against the delinquent account. All litigated accounts are billed at a fee of 50% of the amount recovered plus court disbursement costs. Court disbursements are the fees charged by the process-server to serve the summons and complaint. A fee is also charged by the court to purchase an index / document number.

    You agree to notify us promptly if you receive a payment from a debtor after you have placed the debt with us for payment, and to remit to us within 5 days after payment the appropriate collection amount that you owe us; if you don't pay us promptly, you will owe us a 5% penalty for each 45-day period for which you don't make payment to us and you agree that the penalty amounts are fair and reasonable. There will be additional charges by lawyers if you sue someone to collect the debt.

  2. You represent that the information you provide to us will not be false, misleading or inaccurate, that the collection of the debt is authorized under law and that you'll tell us if the information changes. You agree that we won't be responsible for any damages if we take actions to collect debts based on the information you give us. You'll tell us if you settle the debt or if the person owing the debt disputes the debt or involves a lawyer or another third party representative. You agree that you and anyone acting on your behalf will comply with the Fair Debt Collection Practices Act and any other applicable federal and state laws related to debt collection. You'll give us information to contact only the person owing the debt. You will liable for our full fee on amount placed, plus legal costs if any of the above is violated.
  3. If we can't collect the debt after 3 months, we will, with your agreement, forward those claims to a law firm for additional collection actions at no additional cost other than as set forth in Section 1 above. We have the right to agree to delayed or installment payments from a person owing the debt, but we won’t settle for less than 70% of the total debt unless you agree. When we receive a payment, we will pay you promptly after the funds have cleared the bank.
  4. We make no express or implied representations or warranties regarding our services (and we specifically make no guaranty that we will be able to collect any debt) or web site. We disclaim and exclude any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any such interruptions or errors.
  5. You represent that you can enter into this Agreement and that you own the debts you place with us for collection. You agree to indemnify and hold us harmless from and against any damage, loss or liability that we incur in connection with false, misleading or inaccurate information that you provide to us or the collection services that we provide to you unless we engage in conduct that constitutes gross negligence or willful misconduct.
  6. We own our web site and all material contained in the web site and you can't use the site or those materials, or any part of them, unless we agree. We own all the marks, logos, designs, designations and anything related to them. The web site and the materials are protected under state and federal intellectual property rights and other laws and we reserve all of our rights to them.
  7. We are not responsible for any loss, damage or costs you might incur or cause arising out of or in connection with your use of or inability to use the web site, which comprehensive limitation of liability applies, to the maximum extent permissible under applicable law, to all damages of any kind, including (but not limited to) compensatory, direct, indirect, special and consequential damages, whether in contract or tort, loss of data, income or profit, loss of or damage to property and claims of third parties, attorneys' and other professional fees, costs of investigation and defense, penalties, interest, and other claims or costs. If you sue us, your recovery, if any, would be limited to the amount that you would be required to pay to us in connection with the debt that forms the basis of your claim.
  8. You and we are not partners - we are merely providing a service. You can't assign this Agreement to anyone else. The laws of New Jersey govern this Agreement and our relationship. We both agree that all lawsuits in connection with this Agreement have to be filed and resolved in New Jersey. We both need to sign to change the terms of this Agreement. This is the full agreement between us.
  9. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
  10. This Agreement constitutes the entire agreement between us. If you agree to all of these Terms and Conditions,fill out all form fields and click the I Accept button, which shall constitute a binding contract between us, and you then will be able to place your claims.