LEGAL SERVICES AGREEMENT FOR CREDIT SERVICES
This Legal Services Agreement for Credit Services ("Agreement") is between You ("Client"), and THE NICHOLS LAW FIRM, P.L.L.C. ("TNLF") for the provision of credit services and terms thereof. Scope of Work, Agreement Not to Dual-Hire, & Obligations of Client Client hires TNLF to provide credit services and to represent Client in related claims. Services include, but are not limited to advising Client on credit-related matters, communication with current, former, and future creditors, third party debt collectors, sureties, and/or credit bureaus, investigating and/or disputing information contained in Client's credit reports and/or debts allegedly owed by Client, attempting to correct or remove erroneous or inaccurate information from Client's credit report(s), and/or filing a lawsuit against a creditor or debt collector to enforce Chapter 392 of the Texas Finance Code. Client permits TNLF to sign client's name on dispute letters to creditors/debt collectors, and gives TNLF permission to file and authority to settle a lawsuit on Client's behalf in order to further the objectives of Client under this Agreement, including signing any settlement agreement on Client's behalf, if necessary. Client agrees he/she has not and will not hire anyone else to perform credit services during the term of this Agreement. Client agrees to tell TNLF the truth in all matters. Client agrees to provide TNLF a copy of all documentation Client receives from a creditor, debt collector, credit bureau, or other entity related to this Agreement within 5 days of receipt. Client agrees to promptly respond to all requests and communications from TNLF.
Receipt of Disclosures
Client acknowledges receipt of disclosures entitled Consumer Credit File Rights Under State and Federal Law, notice regarding non-profit consumer counseling and two copies of a sample notice of cancellation.
Term of Agreement & Termination
Client's employment of TNLF will automatically expire 180 days after execution hereof. Any obligations owed by Client under this Agreement shall remain in effect until satisfied along with all rights and remedies available to TNLF as to the enforcement of this Agreement. You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right.
Attorney's Fees / No Out-of-Pocket Costs to Client
Client shall have no out-of-pocket costs associated with this Agreement. Any fees shall be paid out of settlements.
In the event TNLF negotiates a settlement or obtains a judgment on client's behalf (which includes a payment from a debt collector or creditor), either by making a surety bond claim, filing a lawsuit, or threatening to file a lawsuit for debt collection related claims, Client agrees TNLF shall be entitled to retain the first $3,000 from each creditor/debt collector, which shall be considered legal fees. TNFL and Client shall then split any remaining funds equally. Further, Client understands it may be necessary for TNLF to advance costs and expenses (e.g. postage, filing fees, service of process, etc Client agrees TNFL may be reimbursed for any such costs or expenses out of Client's share of the settlement or judgment proceeds, if any, prior to disbursement to Client. If there is no monetary recovery to Client, TNLF is not entitled to be reimbursed for any costs or expenses advanced on Client's behalf, and Client will not owe any attorney's fees. Further, Client shall not be obligated to pay any fees to TNLF for accounts/tradelines which are resolved in Client's favor, but which do not result in a monetary recovery. In TNLF's experience, most settlements involving a monetary payment are not substantial enough for Client to receive any money back. Each case is different, though. However, so long as a settlement includes terms favorable to Client's credit rating, Client is satisfied with this fee arrangement and considers these terms reasonable.
Supremacy, Severance, Performance, Governing Law, and No Guarantee
This Agreement is entire and supreme to any other agreement between Client and TNLF, express or implied, and is amendable only by written agreement of the parties. If any portion or clause of this Agreement is held void, unlawful, or invalid, all other provisions remain in full force and effect. TNLF is a Texas law firm operating in Texas under Texas law. The parties agree this is a Texas contract and all rights and/or remedies shall be construed under Texas law, and shall only be resolved in an appropriate Texas forum. Client represents Client is entering/staying in Texas and doing business with a Texas entity; not vice- versa. Client represents Client is a Texas resident or domiciliary and wants to be treated as such under this Agreement. This agreement is executed, services shall be rendered, and performance shall be exclusively in San Antonio, Bexar County, Texas. TNLF's principal office is located at 309 W. Dewey Pl., Ste. B201-540, San Antonio, TX 78212. A copy of this Agreement has the same force as the original. Client understands TNLF makes no promises or guarantees as to the outcome of Client's case.
IN WITNESS WHEREOF, this Agreement is executed by: