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Your Company (Client) Name *

Your Contact Name *

Your Email *

Terms and Conditions *

BUSINESS AND COMMERCIAL DEBT
*No collection no fee*

-PREFERRED CLIENT RATES-

For collection of past-due accounts involving commercial debts and business-to-business transactions, the following fees are applied after collection, based on the oldest open invoice date at placement:

AGE OF ACCOUNT (PAST INVOICE DATE) / RATE
0-60 days – 25%
61-120 days – 33%
120 days to a year – 38%

I am unable to collect this account and submit it for collection. I, as the Creditor, agree to report any payments or contact from the debtor immediately. Creditor agrees not to negotiate with the debtor during or after placement, and Creditor agrees not to interfere with our collection efforts. Creditor understands that demands are made immediately, and if the debtor calls, Creditor agrees to refer them to us at 631-627-6000. Creditor agrees to send any debtor checks to our office for clearing. All funds recovered will be deposited by Benjamin & Williams ("B & W") and remitted to you after deduction of our fees by the last week of the following month. On any account that is over one year old at placement, the subject of a lawsuit or legal demand, owed by a debtor represented by legal counsel, a consumer or international account, or one for which B & W threatens or initiates suit or legal demand to obtain payment, the contingent fee rate shall be forty-five percent of all amounts by which the account balance is reduced. The undersigned Creditor represents that it is unable to collect the placed account(s) and hereby submits them for collection by B & W on a contingent-fee basis under the rates above, and expressly agrees to immediately report to B & W any and all payments, promises to pay, settlement offers, or contacts from the debtor or any representative concerning any placed account; not to negotiate, compromise, or communicate directly with the debtor regarding any placed account after placement; not to interfere in any way with B & W's collection efforts; and, if the debtor contacts Creditor for any reason regarding any account, to immediately refer the debtor to B & W at telephone number six-three-one-six-two-seven-six-zero-zero-zero and not discuss the account beyond providing B & W's contact information. Creditor agrees to send all debtor checks and other instruments received on any placed account directly to B & W's office for clearing, and that all funds recovered on placed accounts will be deposited by B & W and remitted to Creditor after deduction of B & W's fees by the last week of the following month. Creditor shall be liable to B & W for the agreed fees on any and all value or consideration of any kind that Creditor receives from any source which applies toward or reduces the balance of any debtor account placed with B & W, including without limitation payments, barter, exchange, additional work, returns, credits, offsets, or payments by successors, guarantors, affiliates, or related entities. B & W's contingent fee is fully earned and immediately due and payable upon any such reduction, whether the reduction results from B & W's efforts, Creditor's efforts, or any third party's efforts. Creditor authorizes B & W to receive and endorse, in Creditor's name, any and all checks, notes, drafts, bills of exchange, or other orders for the payment of money payable to Creditor that come into B & W's possession by virtue of its acting as Creditor's collection agent, and B & W will remit net proceeds to Creditor after deducting all fees then due. The undersigned individual(s) personally and unconditionally guarantee payment of all fees due to B & W on any payments, credits, settlements, or other consideration Creditor receives on accounts placed with B & W. If B & W obtains a settlement or payment offer from a debtor and Creditor declines that offer and also declines to authorize suit through B & W on that account, the contingent fee shall be deemed earned and will be billed as though the offer had been accepted and calculated on the amount of the declined offer. Creditor agrees that any late or unpaid fees may be automatically processed using any payment method Creditor has provided to B & W, and that if Creditor fails to remit fees when due and B & W is required to place Creditor's obligation for collection or legal counsel, Creditor and any guarantor shall be jointly and severally liable for all reasonable attorney's fees, court costs, collection agency fees, and disbursements incurred by B & W in collecting such sums, in addition to the underlying contingent fees. If litigation is required to collect any funds or fees due to B & W, Creditor and any guarantor consent and agree to the exclusive choice of jurisdiction and venue of the state courts of the State of New York, County of Suffolk (including, without limitation, the district courts of Suffolk County, New York), or any other venue B & W elects, and Creditor agrees to hold harmless and indemnify B & W from and against any and all claims, demands, damages, losses, and expenses, including attorney's fees, arising out of or relating to B & W's collection efforts on Creditor's behalf, or arising from Creditor's billing errors, disputes, or invalid debts. No account placed with B & W may be cancelled, withdrawn, settled, compromised, or closed, in whole or in part, and no account will be deemed uncollectible, unless and until an officer of B & W states in a signed writing that such account is uncollectible, and Creditor understands and agrees that fees are due and fully earned no matter where or to whom the debtor or any related party pays—whether to Creditor, to B & W, or to any third party—and whether Creditor believes it collected the account or not, and that such fees shall be due and payable to B & W as each such payment, credit, settlement, or reduction occurs. If Creditor pulls an account, interferes with collection, negotiates or settles directly with the debtor, instructs the debtor not to cooperate with B & W, or otherwise impairs B & W's collection efforts on any account submitted to B & W, before B & W has effected collection or before an officer of B & W deems the account uncollectible in writing, Creditor shall be liable to B & W for the full contingent fee B & W would have earned had it collected the then-outstanding balance of that account in full, and such fee shall be immediately due and payable, and Creditor expressly understands that the "no collection – no fee" concept does not apply where Creditor has received any value that reduces the balance of a placed account. Creditor authorizes B & W, as Creditor's agent, to send any placed account to a B & W attorney for demand as B & W deems appropriate, it being understood that no lawsuit will be filed against a debtor without Creditor's separate written approval, and that if suit is filed against a debtor, all court costs and any non-refundable suit handling fee shall be paid by Creditor in addition to B & W's contingent fee on any amounts collected; B & W shall have exclusive rights to collect claims placed while they remain open with B & W, and if merchandise returns are accepted by Creditor in satisfaction or partial satisfaction of a placed account, B & W's fee shall be one-half of its regular rate calculated on the invoice value of such returned merchandise.

I Agree To Benjamin & Williams Terms And Conditions

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Debtor Company Name *

Debtor Contact Name

Debtor Address *

Debtor Phone *

Debtor Email

Amount Owed ($) *

Due Since / Invoice Date *

Brief Description of the Debt *

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Supporting Documents

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No Collection = No Fee. Our contingency rate typically ranges 25–45% depending on account age, size, and volume. Lower rates for higher volume and earlier placements.
Attorney demand letters and litigation are contingent — no upfront cost.

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