COLLECTION FEE AGREEMENT

AGREEMENT BETWEEN (hereinafter referred to as “Creditor”) and Fidelity Information Corporation (hereinafter referred to as “FIC”).  All accounts turned over to FIC by Creditor are assigned for purposes of collection under the following provisions:

1.  COMMISSION: The commission for judgment collection shall be based on the following contingency fee schedule:

First $7,500 collected 40% commission
$7,500-25,000 collected 35% commission
$25,000 -75,000 collected 30% commission
Funds collected in excess of $75,000 25% commission

FIC will have earned and shall retain its commission whether the sums are collected from the original debtor or from a third party, including but not limited to, insurance carriers, guarantors and co-signors and whether received by Creditor directly or by FIC. This fee schedule is only for judgments resulting from facts unrelated to eviction, tenancy or loss of rent. For commission schedule on judgment collection relating to eviction, tenancy, or loss of rent, click here. The commission due FIC is calculated on the entire unpaid balance or the judgment submitted plus any accrued interest.

2.  FIC’S OBLIGATIONS: FIC will service all accounts professionally and promptly, using those ethical and legal methods it deems reasonable.  FIC will comply with all local, state and federal laws and regulations.  In no event shall FIC pursue collection in an unreasonably aggressive or untoward manner.

3.  CREDITOR’S OBLIGATIONS: Upon assignment of a debt, Creditor will terminate ALL communication of every kind with debtor.  Creditor shall immediately forward to FIC any and all communications from debtor or his/her representatives, including, but not limited to, payments, letters, settlement offers, bankruptcy notices, threats, disputes and counter claims.  Creditor shall also immediately notify FIC of any phone calls from debtor.  In the event Creditor fails to terminate communication with debtor and/or fails to notify FIC of communications from debtor, including the failure to forward documents, Creditor shall be obligated to reimburse FIC for all expenses incurred as a result of that failure to comply.

4.  WARRANTIES: Creditor warrants that it has full title to all debts assigned and that all debts assigned are valid and legal debts.  If Creditor has any question regarding title or validity of the debt, Creditor should consult legal counsel before assigning the debt.

5.  DEBTOR PAYMENTS: Creditor authorizes FIC to endorse into FIC’s trust account negotiable instruments payable to the order of Creditor and received toward payment of an assigned debt.  Any payment received by Creditor directly as payment on an assigned debt shall immediately be forwarded to FIC for accounting (a photocopy of the original instrument should be retained by Creditor).

6.  ADVANCED COSTS: FIC will advance normal fees and costs necessary in its discretion.  FIC will be reimbursed for advanced costs from Creditor’s account if, and only if, monies are collected towards payment of the debt.

7.  REMITTANCE: On or about the fifteenth day of each month, FIC will remit to Creditor all net proceeds due with an accounting of collection results for the previous calendar month.  In the event that the accounting shows a balance due FIC from Creditor, Creditor shall pay said balance to FIC within 15 days.

8.  ATTORNEYS’ FEES: In any action or proceeding arising out of or related to the collection of any debt assigned pursuant to this agreement, the prevailing party shall be entitled to its reasonable costs and attorneys’ fees in addition to any other relief to which it may be entitled. 

9.  SEVERABILITY: If any provision of this agreement is deemed to be invalid or unenforceable, all other provisions remain valid and enforceable.

10.  WAIVERS: Waiver by FIC of any of its rights under this agreement shall not be construed as a consent to, or a waiver of, any subsequent breach of this agreement.

11.  JURISDICTION: This agreement, and all rights and obligations arising out of it, shall be construed in accordance with the laws of the State of California and any action or proceeding arising out of or related to the collection of any debt assigned pursuant to this agreement shall take place within the State of California.

12.  PARAGRAPH HEADINGS:   The paragraph headings used in this agreement are for convenience of reference only and are not intended to affect the meaning or construction of any of the provisions of this agreement.

13.  ENTIRE AGREEMENT:  The parties hereto agree that no promise, inducement, understanding, representation or agreement not set forth in this agreement has been made between or among the parties, and that this agreement completely expresses and embodies the entire agreement between FIC and Creditor.  This agreement may be modified only by writing signed by each of the parties hereto.

Creditor Fidelity Information Corporation
Name: By:                                                                         
Company Name: Title:                                                                          

                                                                        
                          Authorized Signature		 Dated:                                                                         
Address:


,
 
Phone:  
Fax:  
Dated: May 9, 2008  

Documents can be faxed or mailed to:

Fidelity Information Corporation
17383 Sunset Blvd. Suite A-370
Pacific Palisades, CA 90272
Fax: 310-230-0021