On September 03, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
The Avanza Group, Llc,
and
Ballard Investments Inc. D B A Ballard Investments Inc.,
Investment Management Group, Llc, D B A Investment Management Group, Llc,
Ralph Lewis Ballard Iii,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
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
Document Filed Date
January 04, 2022
Case Filing Date
September 03, 2021
Category
Other Matters - Contract - Other
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