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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28043
Experience:  10+ years defending Misdemeanor and Felony cases.
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A collection agency I retained since 2012 is currently not

Customer Question

A collection agency I retained since 2012 is currently not paying my share of collections or suppying me with monthly reports
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Do you have a signed agreement/contract with the terms and conditions between you and this company? Is there any reason they are not paying you, your share of the collections, which you hired them for?
Customer: replied 2 years ago.
On Aug 20, 2014 I came to their office to get the payment promised and had a verbal altercation with rep. A week later, I received a check for $867.75 on 9/2/14 and saying to respond to only Mr. Rooney for all future checks.Went to small claims April 13th with no resolve. Adjourned to July 20th. Yes I have a signed agreement and prove from various debtors that they've paid the company. Since then no response and I estimate the amount owed over $5000 to me. Is this considered a fraud or grand larceny, or what? I'm a honest business man and need justice.
Expert:  CrimDefense replied 2 years ago.
Thank you for the additional information. It is very odd that they refused to pay you, your share/percentage of the recovery, when you have a signed agreement with them. Unless they have a legal basis to support withholding the payment, the Judge is likely to find in your favor, as long as you can show they received/collected from the debtor. Moreover, you can likely ask to be awarded attorney fees and interest as well. Now, as far as issues with fraud larceny, those a criminal matters. Your lawsuit is civil and it is up to the State of New York to file criminal charges and investigate this company and their practices. You can contact the AG to have them looked into but right now, it is a contract dispute/breach, which you are asking the court to remedy.
Expert:  CrimDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!