Privacy Policy/Terms of Service
Elite Legal Practice Privacy Police
We collect personal information when you use our website or services, including name, email, and phone number. This information is used to:
-
Respond to your inquiries
-
Provide you with information about our services
-
Contact you about our products and services
We do not share, sell, or rent your personal information to third parties for marketing purposes. We may share your information with attorneys associated with our services or third-party service providers who help us provide our services to you.
We may send SMS messages to the phone number you provide. Message and data rates may apply. You can opt-out of receiving SMS messages by replying with 'STOP' or by contacting us at clientcare@elitelegalpractice.com. Message frequency may vary based on the level of activity required for your representation.
We take reasonable measures to protect your personal information, but no transmission over the internet can be guaranteed to be 100% secure.
Your Rights:
-
You can request access to your personal information
-
You can request that we delete your personal information
-
You can opt-out of receiving communications from us
-
You have the right to know what personal information we collect, use, and disclose about you
-
You have the right to request that we correct inaccurate personal information
-
You have the right to request that we provide your personal information in a portable format
-
You have the right to opt-out of the sale or sharing of your personal information (we do not sell or share your information for marketing purposes, but you have this right nonetheless)
-
You have the right to non-discrimination for exercising your CCPA/CPRA rights
California residents have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to:
-
Request information about the categories and specific pieces of personal information we collect, use, and disclose
-
Request deletion of personal information
-
Opt-out of the sale or sharing of personal information
How to Exercise Your Rights:
To exercise your rights, please contact us at clientcare@elitelegalpractice.com or by mail at Elite Legal Practice, Attn: Legal Dept., 10190 Covington Cross Drive, Las Vegas, NV 89144. We will respond to your request within the timeframe required by law.
Contact Us:
If you have any questions or concerns about our privacy policy, please contact us at clientcare@elitelegalpractice.com or by mail at Elite Legal Practice, Attn: Legal Dept., 10190 Covington Cross Drive, Las Vegas, NV 89144.
1.Services
Elite Legal Practice PC, a California based law firm with offices across the country (“ELP”), hereby agrees to represent you in connection with your ongoing disputes with your creditors listed below (see “Creditors”), and you hereby designate them as your Attorney-In-Fact with the limited and specific power to communicate with all necessary persons and take all necessary actions to ascertain if any bill collectors who may be contacting you are doing so lawfully. ELP hereby agrees to represent you relating to these matters and in doing so provide the following services:
• Immediate representation;
• Assist you in stopping collection calls;
• Request authentication and verification of all enrolled accounts;
• Argue and reconcile accounts with creditors and/or collectors;
• Send letters to third party debt collectors on your behalf requiring them to provide documentation that they are authorized to collect the debt they are attempting to collect from you
• Provide elite legal counsel to advise you of all remedies available, including bankruptcy
At all times, ELP will strive to provide appropriate legal assistance to protect and enforce your rights under state and federal law. We will ensure proper communication with your creditors and with you.
2. Limited Power of Attorney
With your signature below, you hereby grant Firm the Limited Power of Attorney to take all acts reasonably necessary and required to fulfill the list of Services in Section 1. The authority granted herein shall include such incidental acts as are reasonably required to carry out and perform the specific authorities granted herein. ELP agrees to accept this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with your best interest as ELP, in its discretion, deems advisable.
This document is effective upon execution and expires upon full payment of fees and the final determination of enrolled accounts, or via written revocation by you or ELP. However, you may terminate ELP’s services at any time with no further obligation to pay any future fees to ELP from your point of termination. You agree that any third party who receives a copy of this document may act under it. If you revoke this document, your revocation is not effective as to a third party until the third party has actual notice of your revocation.
3. Receipt of Summons
If you receive a court summons, or other court documents, for any enrolled account after retaining ELP, you agree to submit a complete copy of such summons to ELP via email (clientcare@elitelegalpractice.com) within 5 days of receipt or as soon as possible. After ELP receives your summons, ELP agrees to assign you an attorney licensed in your jurisdiction to represent you in court with respect to that summons. No additional fees will be assessed for such assignment of representation; however, you agree and accept that there may be an extra cost that you would be responsible for.
4. Fee for Services Contemplated Herein
The fee ELP will charge for the services being provided to you is set forth below. This fee has been broken down into monthly or other installments to ease the financial burden of such fees on you. The fee is for legal services provided to you by ELP, as outlined above, and includes all fees and costs associated with ELP’s representation of you under this Attorney Retainer Agreement. However, active litigation may require an additional assessment to respond to a summons and file an answer, potentially requiring you to enter into a separate litigation Attorney Retainer Agreement. No other fee will be assessed by ELP, and no other cost shall be passed on to you. The fee is earned by ELP upon receipt due to services performed prior to the collection of such fee, and fees are not held in trust or escrow or used to pay creditors.
You will not receive invoices or billing statements from ELP for services performed as the fee you agree to pay for such services is the flat fee contained in this agreement.
5. Timeline on Accounts
The representation outlined herein is designed to allow ELP to determine whether any collectors who may be contacting you regarding your debts are doing so lawfully. If an account remains undetermined, litigation excluded, at the end of thirty-six months after the start of ELP’s representation or at the end of your payment plan, whichever is longer, (the “Accounts Term”), you will be entitled to a seek a refund of fees paid toward such undetermined account, which you can opt to keep or apply to other enrolled accounts at your discretion. At this point, ELP may have performed services for you during the dispute process, and as such ELP retains the right to limit your refund to 50% or less of the fees designated to such account. You can also choose to have ELP continue to work on that account until it reaches a conclusion instead of taking a refund, which it will do without limitation.
Note that if a lawsuit is pending at the Accounts Term representation by ELP, this provision shall not apply to such account and ELP shall conclude the representation in such lawsuit. In addition, to be clear, ELP will continue to represent you after the conclusion of the Accounts Term for any account that is undetermined to ensure that no creditor attempts to collect upon a bad or concluded account, or to violate your rights under the Fair Credit Reporting Act by erroneously reporting.
6. No Debt Settlement or Management
The representation outlined above is not a debt settlement or debt management “program” nor any other form of debt relief or credit repair. You are agreeing to hire an attorney and pay fees to the attorney for services the attorney will provide to you and for work the attorney will perform on your behalf. No promise or other representation has been made to you regarding the payment or settlement of your accounts or regarding your credit score or repair of the same.
7. Cross Collateralized and Secured Debts
A secured debt is one that has property attached to it that can be repossessed if the debt isn’t paid. For example, a car loan. If you want to keep the property, do not choose to put the account in our program. If you are willing to let go of the property and have it repossessed, then you may elect to put that account in the program. You are responsible for the decision on whether to put a secured debt account in the program or not. If the property has already been repossessed, then the security is gone and the debt is generally considered unsecured and can be enrolled.
A cross collateralized debt is a debt account that has another account attached to it that it can access for payments. For example, a car loan that can take a payment from your checking account if the car payment isn’t made, or a credit card that is similarly tied to your checking or savings account. You are responsible for review of your debt accounts to determine if any of your accounts are cross collateralized, and to decide if you want to include any in the program. In any situation where there is a potential cross collateralization, we highly recommend for you to switch your checking, savings, money market and similar type accounts to another bank where you do not have any cross collateralized obligations to limit the risk of the money in your account being taken. In all cases you accept sole liability for any cross-collateralization loss from the enrollment of cross collateralized debt enrolled in the program.
8. Your Rights and Responsibilities
You agree to execute a power of attorney permitting ELP to perform certain tasks on your behalf. You further agree to forward all communication you receive any account enrolled in the program, or any court or government agency in connection with any creditor in dispute, to ELP. You may cancel this agreement at any time, but any fees paid for services rendered shall not be refundable. You have the right to speak with your attorney upon reasonable notice and shall be given regular updates regarding the work ELP is performing on your behalf. You agree to communicate with ELP and provide it with all information requested to allow ELP to represent you.
9. Electronic Authorization
You acknowledge that ELP reserves the right to contact you electronically, which may include but is not limited to communication by email, text message, push notification, telephone, or e- signature platform. You understand and agree that such communication involves the transmission of data electronically, which carries the risk of disclosure to a third party regarding financial data and that ELP will not be liable for any inadvertent disclosure of information. You further acknowledge that an electronic version of this signed agreement will be as valid as the original signed agreement.
10. Professional Liability Insurance
ELP maintains professional liability insurance applicable to its representation of you which is limited per claim filed by you pursuant to the terms of such policy. Any claim under this policy shall require you to contact ELP and disclose such claim, including all details regarding the same.
11. Confidentiality
As a licensed professional law corporation, ELP is bound by the California Rules of Professional Conduct. This includes strict rules concerning the confidentiality of client information (i.e., your information) and the attorney-client privilege.
12. Licensing
You understand and acknowledge that ELP is a California professional law corporation and employs or associates with attorneys licensed to practice law in both California and in the jurisdiction in which you reside. ELP shall maintain an active, licensed attorney in all jurisdictions in which it operates, and you
have a right to speak with such licensed counsel. Although ELP is based in California, it employs or associates with attorneys in all jurisdictions in which its clients reside.
13. Performance of Legal Services
You understand and acknowledge that you are contracting ELP to perform legal services, and the performance of such services constitutes satisfaction of ELP’s obligation to perform prior to collecting any fees in this matter. You understand that the provision of legal services by ELP will commence immediately after the execution of this agreement, and that all fees paid are for the work of ELP in representing you and not for any other purpose, including the settlement of any debt or other debt management service. By initialing below you acknowledge that you have read and fully understand this specific paragraph.
14. Assignment of Non-Attorney Required Services
ELP may assign the servicing of non-attorney required services contemplated under this Agreement, in whole or in part, to another non-attorney entity without further written consent of the Client, which services may involve the delivery, receipt and sorting of potential confidential, privileged or attorney work product. ELP shall nonetheless comply with its ethical obligations to provide supervision and act in a manner to give you, its Client, reasonable assurance that the non-attorney servicer’s conduct is compatible with the professional obligations of a lawyer to protect such information. Such servicer may hire, subcontract, and/or assign its rights, duties, and obligations to any other responsible entity. The Client agrees that each party may share any and all information regarding the scope of services provided by ELP with any such assignee, and that any such assignee shall have the right to enforce this Agreement against the Client to the same extent as if it were an original party to this Agreement.
15. Assignment of Accounts Receivable
You acknowledge and agree that ELP may, without further notice or consent, sell, transfer, or assign all or any portion of its accounts receivable and/or contracted payments related to this Agreement to any third party. You understand that the buyer, receiver, or assignee may incur damages if you fail to fulfill your financial obligations under this Agreement, and you shall be responsible for compensating such damages. You agree that any assignment or transfer shall not relieve you of your obligation to pay fees or amounts due under this Agreement, and you commit to making all payments as outlined in this Agreement, regardless of any assignment or transfer. The buyer, receiver or assignee's interests shall be protected from your nonpayment, and the assignee may pursue remedies in accordance with the terms of this Agreement and applicable law.
16. Acknowledgement and Understanding
By signing this agreement, you understand, acknowledge, and agree that you have not been instructed by ELP or any agent of ELP to breach any legal duty you have undertaken, including any contractual obligation. You further understand, acknowledge and agree ELP may terminate this contract if required to do so under any applicable rule of professional conduct, any Court order, any failure to communicate with ELP where such communication relates to ELP’s representation of you, or any failure to remit payment pursuant to this agreement. You understand, acknowledge and agree that you will forward any and all communication you receive from any creditor in dispute or any court or government agency related to any creditor in dispute, and that you will track any and all telephonic or electronic communication from any creditor or credit reporting agency. You understand, acknowledge, and agree that ELP may obtain copies of your credit report at any time to assist it in the process of representing you in the disputes contemplated herein.
Finally, you understand, acknowledge, and agree that the fees you pay to ELP are for its services and not for use in paying or settling your debts.
STATEMENT OF CLIENT’S RIGHTS
You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office.
You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)
You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory. You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.
You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters.)
You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
STATEMENT OF CLIENT'S RESPONSIBILITIES
Reciprocal trust, courtesy and respect are the hallmarks of the attorney-client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, advocacy, and representation. These expectations can be achieved only if the client fulfills the following responsibilities:
The client is expected to treat the lawyer and the lawyer's staff with courtesy and consideration.
The client's relationship with the lawyer must be one of complete candor and the lawyer must be apprised of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client's cause or unflattering to the client.
The client must honor the fee arrangement as agreed to with the lawyer, in accordance with law. All bills for services rendered which are tendered to the client pursuant to the agreed upon fee arrangement should be paid promptly.
The client may withdraw from the attorney-client relationship, subject to financial commitments under the agreed to fee arrangement, and, in certain circumstances, subject to court approval.
Although the client should expect that his or her correspondence, telephone calls and other communications will be answered within a reasonable time frame, the client should recognize that the lawyer has other clients equally demanding of the lawyer's time and attention.
The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the lawyer for information and cooperation.
The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are unprofessional or contrary to law or the Lawyer's Code of Professional Responsibility.
The lawyer may be unable to accept a case if the lawyer has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.
A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.
By signing below, I authorize and permit ELP or their designees to initiate electronic funds transfer via an Automated Clearing House system (ACH) from my account listed above. I will also provide ELP with a voided check or savings deposit slip.
If necessary, ELP may make adjustments if errors have occurred during the transaction. The date of the draft is listed above, however, if the draft date falls on a weekend or bank holiday, the debit transaction will take place on the next business day. This authority will remain in effect until ELP is notified by the member in writing at least 3 days prior to the next scheduled draft date. No other forms of cancellation by members will be observed. If the debit is returned because of non-sufficient funds or uncollected funds, then the originator and its financial institution may reinitiate the entry up to two (2) times. The reversal of funds from a client’s account that was drafted in error cannot be made until seven business days from the draft date. The member agrees to waive all rights of reversal or refusal of any payment on any draft that ELP may make against the member’s bank account while services are performed. The member agrees with all of the provisions and conditions outlined within.
Acknowledgment of Refunds & Draft Date Changes
ACH Refunds: If a refund is due such will be made through check or the ACH process. Refunds may take up to 10 days to process. In the event my EFT or draft is returned from my bank unpaid, I agree that a fee of $25.00 or as allowed by law may be charged to my account via draft or EFT. Furthermore, I warrant that I am authorized to execute this payment authorization and the above information is true and correct. Draft Date Changes: A client may stop any ACH debit by providing written notice to ELP at least three (3) business days prior to the scheduled payment. If you should need to notify us of your intent to cancel and/or revoke this authorization you must contact us three (3) business days prior to the questioned debit being initiated.
Preauthorized Checking and ACH Authorization Form
I hereby apply for and agree to establish a non-interest bearing special purpose account (the “Account”) with a bank (“Bank”) selected by ELP, its payments processors, and/or their successors for the purpose of accumulating funds to pay for such goods and services as I so direct ELP to perform. This application is subject to Bank’s customer identification program, as required by the USA PATRIOT ACT and other applicable laws, and accordingly, I hereby represent that the above information is true and complete to the best of my knowledge and belief. The bank account information provided above may be subject to account validation processes to include pre-notation and a $0.01 microdeposit.
I authorize the payment processor chosen by ELP to initiate Automatic Clearing House (ACH) oran Electronic Funds Transfer (EFT) from my designated bank account at the financial institution identified above. I authorize the payment processor chosen by ELP to debit my bank account according to the schedule of debits provided to the payment processor chosen by ELP.
Network by me or on my behalf or as otherwise provided by agreement. I understand that debits will be withdrawn on the due date unless the otherwise indicated and that sufficient funds must be available in designated account at least two (2) business days prior to the actual date of the debit. Upon my approval, Payment Automation Network may adjust the amount being debited from designated bank account. This authorization is to remain in force until the schedule of debits is completed or until Payment Automation Network has received written notification from me of a change or termination, allowing Payment Automation Network no fewer than five (5) business days to act. Payment Automation Network shall not be liable to any person for not completing a transaction as a result of any limit on my designated bank account or if a financial institution fails to honor any debit from such account. I understand it is my responsibility to notify Payment Automation Network immediately if a scheduled debit does not occur. I authorize Payment Automation Network to recover funds by ACH/EFT debit from my bank account in the event of an error or in the event that a prior debit is returned for any reason, including non-sufficient funds. I understand that a $25.00 service charge will be added for every NSF draft. I understand I can call Payment Automation Network at 800-813-3740 to cancel the automatic draft payments. Payments will be drafted on the payment due date of the original Servicing agreement. I understand and agree that Payment Automation Network, Inc. is a private company, and is not affiliated with any academic or governmental entity. The Payment Automation Network, Inc. service bridges the gap between the the law firm and the ACH and EFT processor. Payment Automation Network, Inc. is not a money transmitter or debt collection agency and does not receive money from individual debtors. Payment Automation Network, Inc. is not engaged in the business of debt or credit counseling or the provision of other services to individual debtors. Payment Automation Network, Inc. does not solicit, offer loan consolidation services, or provide services directly to individual debtors. Payment Automation Network, Inc. does not have a contractual relationship with individual debtors to affect the adjustment, compromise, or discharge of any loan account.
I have read and understand the information contained in this document and I affirm that the above information given by me is accurate and true to the best of my knowledge.