Files

T

root 748920470f Initial commit — 2026-07-15

2026-07-15 17:32:00 -04:00

18 KiB

Raw Blame History

Terms of Service — Debt Recovery Experts (DRE)

Website: https://debtrecoveryexperts.com
Business Name: Debt Recovery Experts (DRE)
Jurisdiction: State of Texas, USA
Draft Date: July 7, 2026
Status: ⚠️ DRAFT — FOR LEGAL REVIEW ONLY

IMPORTANT DISCLAIMER: This document is a draft prepared for initial review and discussion. It has not been reviewed or approved by a licensed attorney. It must be reviewed, edited, and approved by a licensed Texas attorney before being used, posted, or presented to any client, customer, or third party. Debt Recovery Experts (DRE) assumes no liability for the use of this draft prior to legal review.

1. Introduction and Acceptance

Welcome to Debt Recovery Experts ("DRE," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the website located at https://debtrecoveryexperts.com (the "Site") and the debt recovery services offered through the Site (collectively, the "Services").

By accessing the Site, creating an account, submitting a claim, or otherwise using the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access the Site or use the Services.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTIONS 15 AND 16 CAREFULLY.

2. Services Overview

DRE provides commercial and consumer debt recovery services to contractors, owner-operators, small businesses, and individuals. The Services include:

Claim Submission: Clients submit unpaid debt claims through DRE's online portal, including uploading supporting documentation.
Claim Review: DRE reviews submitted claims to assess viability of recovery.
Limited Power of Attorney (LPOA): If a claim is accepted, the Client executes a Limited Power of Attorney authorizing DRE to act on the Client's behalf to collect the debt. The LPOA is executed via Remote Online Notarization (RON).
Debt Collection: DRE contacts the debtor, negotiates payment, and collects the debt on the Client's behalf.
Disbursement: Upon successful collection, DRE deducts its fee and disburses the remaining balance to the Client.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Services, you represent and warrant that:

You are at least 18 years of age and have the legal capacity to enter into a binding contract.
You are the rightful owner or authorized agent of the owner of the debt claim you submit.
You are not located in a jurisdiction where the Services are prohibited by law.
You have not been previously suspended or removed from the Services.

3.2 Account Registration

You must create an account to use the Services. You agree to:

Provide accurate, current, and complete information during registration.
Maintain and promptly update your account information.
Maintain the confidentiality of your login credentials.
Notify DRE immediately of any unauthorized use of your account.
Accept all responsibility for activity that occurs under your account.

DRE reserves the right to reject or terminate any account at its sole discretion.

4. Claim Submission and Acceptance

4.1 Submission Process

To submit a claim, you must provide:

Complete debtor information (name, address, and contact details).
Documentation substantiating the debt (contracts, invoices, statements, correspondence, or other evidence).
Any other information DRE reasonably requests to evaluate the claim.

4.2 Claim Review and Acceptance

DRE will review submitted claims and, in its sole discretion, determine whether to accept the claim for collection. DRE is under no obligation to accept any claim. Factors affecting acceptance include, but are not limited to:

Age of the debt and applicable statutes of limitation.
Sufficiency of supporting documentation.
Likelihood of successful recovery.
Debtor solvency and location.
Compliance with applicable laws, including the Texas Finance Code and the federal Fair Debt Collection Practices Act (FDCPA).

4.3 Rejected Claims

If DRE rejects a claim, you will be notified in writing. DRE may, at its option, provide suggestions or alternative options. DRE is not liable for any loss resulting from a rejected claim.

5. Limited Power of Attorney (LPOA) and Online Notarization

5.1 Execution of LPOA

If DRE accepts a claim, you will be required to execute a Limited Power of Attorney (LPOA) authorizing DRE to:

Communicate with the debtor regarding the debt.
Negotiate, accept, and receive payment on your behalf.
Endorse and deposit checks or other instruments made payable to you.
Execute settlement agreements and releases.
Take other lawful actions necessary to collect the debt.

5.2 Scope and Limitations

The LPOA is strictly limited to the specific debt claim identified in the LPOA and does not grant general authority over your affairs. The LPOA will terminate upon the earliest of:

Successful collection and disbursement of the debt.
Revocation by you in writing (subject to Section 5.4).
Termination of these Terms or the applicable service agreement.

5.3 Remote Online Notarization (RON)

The LPOA will be executed through a Remote Online Notarization (RON) process in compliance with Texas law (Texas Government Code § 406.101 et seq. and Texas Administrative Rules governing notary public). You agree to:

Present valid government-issued identification during the notarization session.
Appear via live audio-video communication.
Acknowledge your signature willingly and without duress.
Pay any applicable RON fee, which will be disclosed prior to notarization.

5.4 Revocation

You may revoke the LPOA at any time by providing written notice to DRE. However, revocation does not affect actions taken by DRE prior to receipt of the revocation. DRE retains the right to recover its fees and costs incurred prior to revocation.

6. Fees and Payment

6.1 Fee Structure

DRE charges a fee for its Services, calculated as a percentage of the amount collected ("Success Fee"). The specific fee percentage will be disclosed in the service agreement for each accepted claim. Fees may vary based on the age, amount, and complexity of the debt.

6.2 Fee Disclosure

DRE will provide clear written disclosure of all fees before you execute the LPOA. Fees will be disclosed in compliance with the Texas Finance Code and applicable federal law.

6.3 No Upfront Fees

DRE does not charge upfront fees for its Services. Fees are deducted only from amounts actually collected from the debtor. If no recovery is made, no fee is owed.

6.4 Disbursement

Upon successful collection, DRE will:

Deduct the agreed Success Fee.
Deduct any third-party costs (e.g., certified mail fees, court costs, RON fees) as disclosed to you.
Remit the remaining balance to you via the payment method you selected during registration.

Disbursements will be made within thirty (30) calendar days of receipt of cleared funds, unless otherwise stated in your service agreement.

6.5 Third-Party Costs

Certain costs may be incurred during the collection process, including but not limited to:

Certified mail and service of process fees.
Court filing fees.
Online notarization fees.
Attorney fees (if referral to legal counsel is necessary).

These costs will be disclosed before they are incurred and may be deducted from the collected amount.

7. Client Representations and Warranties

You represent and warrant that:

7.1 You are the lawful owner or authorized agent of the owner of the debt claim submitted.

7.2 The debt claim is valid, enforceable, and not barred by any applicable statute of limitations.

7.3 All information and documentation you provide is true, accurate, and complete to the best of your knowledge.

7.4 The debt has not been previously assigned, sold, or transferred to another party.

7.5 You have not and will not take any action that would impair DRE's ability to collect the debt during the term of the LPOA.

7.6 You have not filed for bankruptcy and are not subject to any bankruptcy proceeding that would affect the debt claim.

7.7 You will promptly notify DRE of any payment received directly from the debtor.

8. Client Obligations

You agree to:

8.1 Cooperate with DRE in its efforts to collect the debt, including providing additional information or documentation as reasonably requested.

8.2 Not communicate directly with the debtor regarding the debt after executing the LPOA without DRE's prior written consent.

8.3 Not settle the debt or accept payment directly without DRE's written consent.

8.4 Review all documents provided by DRE promptly and notify DRE of any errors or concerns.

8.5 Maintain accurate records of all communications and transactions related to your claim.

9. DRE's Rights and Obligations

9.1 Collection Methods

DRE will use commercially reasonable efforts to collect debts. Collection methods may include:

Written demand letters.
Telephone calls and electronic communications.
Negotiation of payment plans or settlements.
Referral to legal counsel.
Other lawful means.

9.2 Compliance with Law

DRE will conduct all collection activities in compliance with:

The federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq.
The Texas Finance Code, including Chapter 392 (Debt Collection).
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.
All other applicable federal, state, and local laws.

9.3 Service of Process

If legal action is necessary and agreed upon, service of process may be effected via certified mail, return receipt requested, or as otherwise permitted by applicable law.

9.4 Discretion

DRE retains sole discretion over collection strategies, settlement amounts, and whether to pursue legal action.

10. Dispute Resolution Process

10.1 Internal Dispute Resolution

If you have a dispute regarding our Services, fees, or any other matter, you must first notify DRE in writing at the contact address provided on the Site. DRE will review your dispute and respond within thirty (30) calendar days.

10.2 Debtor Disputes

If a debtor disputes the validity of the debt, DRE will:

Cease collection activities pending verification of the debt.
Provide the debtor with verification of the debt as required by the FDCPA.
Notify you of the dispute and request supporting documentation.

10.3 Binding Arbitration

Except for claims excluded in Section 10.5, any dispute arising out of or relating to these Terms, the Services, or any claim submitted to DRE shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable.

10.4 Arbitration Procedure

The arbitration shall be conducted in Travis County, Texas, unless otherwise agreed by the parties.
The arbitration shall be conducted by a single neutral arbitrator.
The arbitrator's decision shall be final and binding and may be entered in any court having jurisdiction.
Each party shall bear its own costs and attorney fees, unless the arbitrator determines that an award of fees is warranted under applicable law.

10.5 Exceptions to Arbitration

The following claims are not subject to arbitration:

Claims brought in small claims court (if they qualify).
Claims for injunctive or equitable relief regarding the unauthorized use of the Services or intellectual property.
Claims under the FDCPA or Texas Finance Code that, by law, cannot be compelled to arbitration.

10.6 Governing Law for Disputes

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 No Liability for Unsuccessful Collection. DRE makes no guarantee or warranty that any debt will be collected. You acknowledge that collection outcomes depend on factors beyond DRE's control, including the debtor's financial condition and willingness to pay.

11.2 Limitation of Damages. IN NO EVENT SHALL DRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF DRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Cap on Liability. DRE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO DRE FOR THE SPECIFIC CLAIM GIVING RISE TO THE LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500.00).

11.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, DRE's liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless DRE, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or relating to:

12.1 Your breach of these Terms or any representation or warranty made herein.

12.2 Your submission of false, fraudulent, or inaccurate information.

12.3 Your violation of any applicable law, including but not limited to the FDCPA and Texas Finance Code.

12.4 Your direct communication with a debtor after the LPOA is in effect without DRE's prior written consent.

12.5 Any claim that the debt submitted is invalid, unenforceable, or not owned by you.

12.6 Any act or omission by you that impairs DRE's ability to collect the debt.

13. Intellectual Property

13.1 Site Content

All content on the Site, including text, graphics, logos, software, and documentation, is the property of DRE or its licensors and is protected by copyright, trademark, and other intellectual property laws.

13.2 License

DRE grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for their intended purpose.

13.3 Restrictions

You may not:

Copy, modify, distribute, or create derivative works of Site content without DRE's written consent.
Use any data mining, robots, or similar data-gathering tools.
Reverse engineer any aspect of the Site or Services.

14. Privacy

Your use of the Services is subject to DRE's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how DRE collects, uses, stores, and shares your personal information.

15. Termination

15.1 Termination by Client

You may terminate your account at any time by providing written notice to DRE. Termination does not affect:

Obligations under any active LPOA.
Fees owed for services already rendered.
Sections of these Terms that by their nature survive termination.

15.2 Termination by DRE

DRE may suspend or terminate your access to the Services at any time, with or without cause, including if DRE reasonably believes you have violated these Terms. DRE will provide notice of termination where practicable.

15.3 Effect of Termination

Upon termination:

You must cease using the Services.
DRE may close your account and delete your data in accordance with its Privacy Policy.
Active collection efforts on pending claims will cease, and DRE will execute a termination of the LPOA.
DRE retains the right to collect its fees for work performed prior to termination.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any service agreement executed for a specific claim, constitute the entire agreement between you and DRE regarding the Services.

16.2 Amendment

DRE reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Material changes will be communicated via email or Site notice. Continued use of the Services after changes constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Failure by DRE to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.5 Assignment

You may not assign your rights or obligations under these Terms without DRE's written consent. DRE may assign these Terms without restriction.

16.6 Notices

All notices required under these Terms shall be in writing and sent to the contact information provided on the Site. Notices to you will be sent to the email address associated with your account.

16.7 Force Majeure

DRE shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, pandemics, government actions, or internet outages.

17. Contact Information

For questions, disputes, or notices under these Terms, contact DRE at:

Debt Recovery Experts (DRE)
[Address to be inserted]
[City, TX Zip Code]
Email: [Email to be inserted]
Phone: [Phone to be inserted]

⚠️ FINAL DISCLAIMER

THIS IS A DRAFT DOCUMENT. IT HAS NOT BEEN REVIEWED OR APPROVED BY ANY ATTORNEY. IT IS PROVIDED FOR DISCUSSION AND REVIEW PURPOSES ONLY.

BEFORE USING THIS DOCUMENT:

A licensed Texas attorney must review and approve these Terms.
All bracketed fields ([Address], [Email], [Phone]) must be completed.
The arbitration provisions in Section 10 should be reviewed for enforceability under current Texas and federal law.
The limitation of liability in Section 11 should be reviewed for compliance with the Texas Finance Code and FDCPA, which may impose limits on contractual liability limitations for debt collectors.
Ensure compliance with the Texas Debt Collection Act (Texas Finance Code Chapter 392) and any applicable regulatory requirements.
Consider whether any state-specific notices or disclosures are required.

18 KiB Raw Blame History