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  • The Avanza Group, Llc v. Investment Management Group, Llc, d/b/a INVESTMENT MANAGEMENT GROUP, LLC, Ballard Investments Inc. d/b/a BALLARD INVESTMENTS INC., Ralph Lewis Ballard IiiOther Matters - Contract - Other document preview
  • The Avanza Group, Llc v. Investment Management Group, Llc, d/b/a INVESTMENT MANAGEMENT GROUP, LLC, Ballard Investments Inc. d/b/a BALLARD INVESTMENTS INC., Ralph Lewis Ballard IiiOther Matters - Contract - Other document preview
						
                                

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FILED: NASSAU COUNTY CLERK 01/04/2022 01:22 PM INDEX NO. 611469/2021 DigiSigner Document ID: 02c0c6e0-b1e5-468c-bd7c-88aeef956bce NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 01/04/2022 8. Scope of Engagement NCP structures its practice as a group practice. NCP does not guarantee any minimum level of participation in a case by any individual employee, member, or partner of the firm. NCP agrees to assign qualified personnel, in NCP’s sole and absolute discretion, to various aspects of the case pursuant to its group practice and in compliance with all applicable rules of professional conduct. The scope of NCP’s representation concerning the services to be provided under this Agreement is specifically limited to the following: a. Review of Client’s Debt Situation: NCP will review Client’s current unsecured business debt burden and thereafter negotiate and attempt to enter a modification with Client’s creditors in an effort to resolve Client’s current unsecured business debt. b. Negotiate and Resolve Client’s Enrolled Debt: NCP will negotiate with Client’s creditors. NCP’s obligation to negotiate shall apply only to specific unsecured business debt obligations as disclosed by Client and accepted by NCP under this Agreement. NCP will attempt to approach and attack all of Client’s unsecured debt simultaneously, but NCP will, at a minimum, approach and resolve Client’s unsecured debt in order of liquidation priority and will stack each unsecured creditor accordingly. c. Collection: NCP will make all reasonable efforts to protect Client from harassment from creditors or collection agencies if Client timely notifies NCP of such harassment. However, NCP makes no guarantee that its effort would reduce and/or eliminate the harassment from creditors and/or collectors. d. Limited Scope Legal Representation: Provide legal assistance to Client concerning and relating to Client’s Enrolled debt. Said legal assistance includes and is limited to the followings: i. Standby telephone assistance during negotiations or settlement conferences; ii. Planning for negotiations; iii. Evaluate settlement options; iv. Pre-litigation document preparation, such as: 1. Assist Client in drafting answer or response to Summons and Complaints; 2. Assist Client in filing documents to the appropriate court; 3. Attorney’s review of lawsuit documents and provide legal advice to Client. e. Service Fees Breakdown: suggestion to move this to its own heading 15% 20% service fee of the collective total of all Enrolled Debt $1,200 one-time non-refundable processing fee The fees listed above are collectively referred to in this Agreement as the “Enrollment Fees”. Client agrees to pay to NCP the entire amount of the Enrollment Fees without offset, modification, refund, or reduction. The Enrollment fees associated with each Enrolled Debt become due when NCP presents Client with an offer to restructure or modify the Enrolled Debt from the corresponding Creditor. Client agrees that NCP may deduct the Enrollment Fees from all amounts Client delivers to NCP under Section 6. The Enrollment Fees are not due by Client to NCP ‘up-front’ or upon signing this Agreement. The Enrollment Fees will become due as set forth under this Agreement and the Program. Client agrees that Client will pay the Enrollment Fees in equal monthly installments arranged with NCP not to exceed six (6) consecutive months and that NCP may deduct each monthly installment of the Enrollment Fees from all amounts Client delivers to NCP under Section 6. Client’s acceptance of an offer to restructure or modify an Enrolled Debt is not a condition of the Enrollment Fees becoming due and Initial:______/_______ Page 6