Credit Repair Agreement
1. General Agreement
a. Thank you for choosing Scott Law, PLLC d/b/a scott Law to assist and represent you in improving your credit history. We look forward to working with you to achieve your goal. Below you will find some key terms of our agreement to represent you.
b. Scope of Representation: Unless there is a future agreement to limit or expand the scope of our representation, our representation will include disputing inaccurate information on your credit reports, negotiating a settlement agreement with your creditors, filing a lawsuit (additional fee), and representing you at the trial of this matter (additional fee). If you would like us to help you with tasks that are beyond the scope of this agreement, you must contact the attorney who is working on your case.
c. Fee Agreement:
d. There is a monthly fee of $255.
e. There is a contingency fee of the higher of a) 49% of any amounts we recover from any source in connection with your claims or b) court-awarded attorney fees or attorney fees paid by defendant in a settlement or arbitration. In addition, you are responsible for paying case expenses, including case filing fees and fees to serve the defendant(s) with the lawsuit, however, these expenses may be advanced by us at our sole discretion.
f. If you actually owe a creditor and wish for us to negotiate a settlement or payment on your behalf, we will charge a 20% fee on the amount you pay.
g. Settlement: You will be notified of all settlement offers made by the defendant unless you previously notified us that you will or will not accept a settlement offer within a certain range. The decision of whether to accept a settlement offer is yours. However, you agree to be reasonable in your decision to accept or decline a settlement offer.
h. Tax Liability: When you receive money from a settlement or judgment, you may be required to pay income tax to the state or federal government. Please seek the advice of a tax professional.
i. Termination: You have the right to terminate this representation at any time by contacting the attorney who is working on your case. If you terminate this agreement, we may retain an interest in your claims.
j. Cooperation: As we pursue this matter on your behalf, you agree to cooperate by responding to our requests, being truthful and forthcoming with information, and appearing in court as a witness if necessary. You agree to not correspond with any adverse party in this case while we are representing you. If an adverse party contacts you, please tell him or her to contact your attorney.
k. Power of Attorney: You hereby grant Scott Law a power of attorney to sign documents on your behalf. This will allow us to sign documents such as checks and insurance releases on your behalf.
2. Credit Repair Service Agreement for Agreement
I hereby enter into the following agreement with Scott Law PLLC hereby agrees to perform the following:
a. To evaluate Customer's current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information. To advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, to dispute any inaccurate, erroneous, false or obsolete information contained in the customer's credit reports.
b. To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer's credit reports.
c. To review credit profile status from the credit reporting agencies such as: Experian, Equifax and Transunion. Consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
3. Authorization for Credit Repair Action
a. You hereafter known as "client" hereby authorize and you hereby authorize Scott Law PLLC to make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, correspondence, contracts, or agreements, as necessary to improve my credit. Such instruments in writing of whatever and nature shall only be effective for any or all of the three credit reporting agencies which are TransUnion, Experian, Equifax, and any other reporting agencies or creditor’s listed, as may be necessary or proper in the exercise of the rights and powers herein granted.
b. This authorization may be revoked by the undersigned at any time by giving written notice to the party authorized herein. Any activity made prior to revocation in reliance upon this authorization shall not constitute a breach of rights of the client. If not earlier revoked, this authorization will automatically expire twelve months from the date of signature.
c. The party named above to receive the information is not authorized to make any further release or disclosure of the information received. This authorization does not authorize the release or disclosure of any information except as provided herein.
d. I grant to scott Law PLLC and its employees and agents authority to do, take, and perform, all acts and things whatsoever requisite, proper, or necessary to be done, in the exercise of repairing my credit with the three credit reporting agencies, which are TransUnion, Experian, Equifax and any other reporting agencies or creditor’s listed, as fully for all intents and purposes as I might or could do if personally present.
e. If a creditor believes you owe a debt, you may be sued. If you are sued, there will be a separate fee for us to represent you in the lawsuit.
4. Consumer Credit File Rights Under State and Federal Law
a. You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a credit repair company or credit repair organization has the right to have accurate, current and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported up to 10 years.
b. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
c. You have a right to sue a credit repair organization that violated the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
d. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
e. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
f. You may, on your own, notify a credit bureau in writing that you dispute that accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
g. If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
h. The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580.
NOTICE TO CLIENTS: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar’s Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint. Please call 1-800-932-1900 toll-free for more information.