NON-CONTINGENT SUIT FEE
Many agencies charge it. McCarthy, Burgess & Wolff never will.

MB&W will handle all claims as it meets our client's best interest. This is why we will never charge a non-contingent suit fee. Another reason why we don't charge this fee is because we are adept at collecting the "tough money." Most creditor lawsuits never should be initiated. Either the claim should have been resolved outside of court or the creditor winds up with a judgment against a judgment-proof debtor.

The Commercial Law League of America states that 1 out of 2.7 claims submitted to an agency results in a lawsuit. MB&W refers less than 1 in 50 claims to counsel for litigation.

Often, our competitors try to hide the non-contingent suit fee by combining it with a court cost advance and calling it a litigation expense. Either way, the creditor pays more than they should.

The fact of the matter is, the non-contingent fee originated because agencies were unable to cope with the extensive collection work required during the recession in the 1980's. They were sales-driven rather than collection-driven, and so they forwarded huge volumes of claims to attorneys.

The non-contingent fee is not an issue at MB&W. We will only forward a claim if it appears likely that you will be able to obtain payment subsequent to obtaining judgment. The only exception to this may be if the balance is sufficiently large to make "rolling the dice" worthwhile. If this is the case, we will advise you in advance. This saves the creditor the suit fee, the court costs and witness's time on those claims wherein litigation does not make sense.

Our position on the litigation issue makes the best sense.