With respect to each debtor file, we shall perform the services necessary to obtain current bank account data regarding the obligor in complete compliance with all applicable laws in performing the search, including, without limitation, the Gramm-Leach-Bliley Act (“GLBA”) Federal Banking Commission or State or Federal Laws (“FBC”), and the Fair Credit Reporting Act (“FCRA”).
It is agreed and understood that the definition of a “FIND” or completed results to be invoiced shall be defined as any open and valid bank or brokerage account regardless of account balance located by PROVIDER that is owned by the debtor.
Our guarantee is against errors in the information returned. If we return a FIND and client attempts to levy but no open bank or brokerage accounts are returned our first step would be to reprocess and see if an error was made on our side. If we can determine that the account has subsequently been closed after our results were returned we will do what we can to provide a closure date. On Premier Bank Account, and Brokerage Accounts data guarantee period is unlimited. Assuming no error was made in terms of our research (all returned accounts were open at the time of our report or debtor was employed at the time of our report) no guarantee is provided from Premier Asset Locators. If it is our error we will provide a 100% refund of fee paid to Premier Asset Locators. Additional guarantee for Premier data results only that have been deemed erroneous as previously described, Premier Asset Locators will refund up to $75.00 of execution costs. Each type of service described maintains its own exclusive independent guarantee and cannot be combined from one type of service to another.
All requests for credits for any Premier Bank Account data that is determined to not be valid at the time of delivery will be re-verified and credit will be issued if accounts are deemed to be closed prior to or on the date of delivery or there was no account. We do not provide any sort of guarantee against the fluidity of cash (for example: if client goes to levy on an account that had $3,000.00 when we returned the results but only has $150.00 in it currently).
To initiate the re-verification process for Premier Bank Account result data or Premier Brokerage Account result data the CLIENT must furnish the PROVIDER with a reply from the financial institution’s legal department dated within the allowable time frame of PROVIDER’s guarantee indicating the account was closed prior to or on the date of delivery” or there was no account. Re-verification by PROVIDER of the data based on the information given by the CLIENT must corroborate the financial institution’s response.
Credit may be taken either as a new and valid debtor garnishment find or reimbursement to the CLIENT in the method it was paid to the PROVIDER. Credit or reimbursement is defined as Search Fees only as indicated on this Agreement. No other CLIENT fees related to GARNISHMENT DATA are reimbursable by PROVIDER including but not limited to filing, legal or execution of Garnishment. Reimbursement is only for Search Fees as indicated on this Agreement of Garnishment Data supplied by PROVIDER. Garnishment reports or financial institution’s responses must be dated within the allowable time frame of Provider’s guarantee.
Due to the nature of this service, searching for asset locations and obtaining funds from them is a risk.
The data we deliver to our clients is as accurate as we can be; however, we have no control over the ever changing nature of an asset. We also have no control over the response to the execution. We have determined that many times the bank is wrong with their response or returns misinformation in order to protect their accounts. Because we do an extensive search, we have very few bad results, but they do occur. It is imperative when you receive a bad hit we are notified so we can re-verify as soon as possible. Many times pressuring the bank after re-verification confirms our original finding will result in a collected debt.