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This document explains what Juristec is and does.
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Debt Collections Legal Solutions
5383 South 900 East | Suite 103 | Salt Lake City, UT 84117(801) 361-0502 | www.juristec.com
2
Table of Contents• Juristec Overview
– Comparison to Traditional Solutions– Value Proposition– Proven Results– Why Juristec?
• Appendix A: Market Direction– Increase in Debt to Household Income– Increase in Delinquency Rates– Increase in Debt Write-offs– Debt Collection Industry
• Appendix B: Juristec Details– Juristec Technology– Juristec Features– Security & Confidentiality– Juristec Tenets of Excellence– Management Team– Frequently Asked Questions
3
Executive Summary
• Juristec automates the process of collection litigation to efficiently and cost effectively manage high volumes of bad debt.
• Our goal is to provide solutions for debt that is currently not being effectively collected including late-stage and small-balance bad debt.
• Our focus is on the needs of our clients and how we can enable them to capture value lost through bad debt.
• Our team has tremendous experience in collection litigation, strategy planning and consulting, and technology implementation for ASP services.
• Our mission is to provide best-in-class technology and services that will enable clients to better manage and collect their bad debt.
4
Advantage in Debt Collection Over Traditional Law Firms
LowLow
High
High
Bad
Deb
t Bal
ance
Ability To Pay
$500
$5,000
$50,000
Clients Using Juristec
High-balance debtors have a greater likelihood of filing for bankruptcy and defaulting on their debt. Law firms typically settle for what they can get.
Low-balance debtors have a greater capacity to pay off their debt and can make manageable installment payment rather than defaulting.
Clients using Juristec are fundamentally better at collecting on bad debt because clients can collect on “affordable” debt.
WrittenOff
(“The Can’ts”)Juristec pushes the cost of each case down making it possible to pursue low-balance debtors that traditional law firms can not pursue
“The Won’ts”
Traditional Law Firms
5
Current solutions for collecting late-stage debt are inadequate. Juristec significantly improves the effectiveness of collecting older debts.
*Based on five-year average of Peterson & Simpson’s debt collection law practice. Cases received by Peterson & Simpson are late-stage (8-14 months) and low-balance ($1,000-$1,250 average) and are focused mainly in Health Care. **Average reaches 35% when excluding skips.
A) Industry average for collections is 14% (ACA international).
B) The probability of collecting late stage debt is 72-87% less than collecting at an earlier stage.
C) With Juristec Clients/Attorneys utilize the effectiveness of litigation with the high volumes of collection agencies.
4%
15%
25%
Collection Industry
Late-Stage/Secondary Placement
Collection Industry
TotalEarly Stage/Primary
Late-Stage/Secondary PlacementCollection Through
Juristec*
10%
20% A
B
C
35%**
Advantage in Debt Collection Over Traditional Collection Firms
6
The FTC continues to receive more complaints about third-party debt collectors than about any other single industry. The number of these complaints has been increasing steadily for a number of years, reaching nearly 70,000 in 2006. - Deborah Platt Majoras, Chairman, Federal Trade Commission
Complaints to the FTC
0
10
20
30
40
50
60
70
80
1999
2000
2001
2002
2003
2004
2005
2006
3rd-Party
In-House
Complaints to the FTC, In Thousands
Nilson Report (835, 857, 880)
7
Collection Agency Traditional Law Firm Client Using Juristec
Collection Capabilities
Calls, Demand Letters (non legal), Credit Checks
Demand Letters, Litigation, Garnishment, Bench Warrants
Demand Letters, Litigation, Garnishment, Bench Warrants
Regulations Tightly regulated by FDCPA
Partially regulated by FDCPA but has many more options
through litigation
Partially regulated by FDCPA but has many more options
through litigation
Obstacles Under FDCPA, collectors can no longer contact if
debtor requests no contact. Does not take legal action.
Bankruptcy Bankruptcy
Contingency Fees 50% 33-50% 25-40%*
Collection Stage Early: 60-180 days Any Any (Typically late-stage: 180+ days)
Case Load 10,000-25,000 per year 200-500 per year 10,000-25,000 per year
Average Case Size 1,000 5,000 1,000
% Collected 10-15% 20-30% 20-30%
Comparisons
*By increasing volume of cases to a law practice and providing the means to process them, client can better negotiate legal fees with attorney.
8
Juristec adds value to clients, attorneys and debtors. Enables clients to maintain a professional relationship with debtors through litigation.
Client
Attorney Debtor•Permits debtor to pay manageable installments without undue cost.
•Allows debtor’s payments and costs to be accurately posted and tracked.
•Reduces Attorney’s fees, for which debtor is liable, through efficiency.
•Provides due process to debtor through court.
•Allows debtor inquiries to be quickly and accurately handled.
•Allows client to capture 20-30% more of their bad debt.
•Lowers costs and minimizes losses.
•Retains control over handling of individual cases.
•Enables the collection of small-balance and late-stage cases.
•Includes checks to prevent legal errors, malpractice, and missed deadlines.
•Increases professionalism and decreases risk of counter suits.
•Allows attorney to handle greater caseload.
•Tracks all money transactions for auditing.
•Collates similar cases for efficient work distribution.
•Automates repetitive procedures to reduce processing costs.
•Informs client through real-time reports.
•Provides full audit trail of case work and payments.
•Enforces client’s procedures and policies.
•Extends the statute of limitations allowing client longer time to collect.
Value Proposition
9
Compiles cases and generates batch of
demand letters. Demand letters sent
Summons and Complaint are
delivered by legal officer to debtor and is
filed with the court.
Debtor files answer with firm/court.
Summary Judgment
Pre-Trial / Trial
Judgment
Default Judgment (Debtor doesn’t
appear)
Supplemental proceedings:
Judgment extends statute of limitations from 4 to 8 years.
Attorney can garnish wages/bank account if
debtor is non-compliant.
Legal Process is Complicated
Judgments place liens on real property and can prevent debtors from obtaining further
credit.
Attorney
Debtor
Court
Client
Debtor receives demand letter
Payments made. Debtor is encouraged to pay off debt or set up payment plan at any
time during the process. Attorneys can move case along without undue cost or loss of
efficiency if payments are missed
Firm files with court.
In-House collections contact debtor
Debts not paid sent to legal team
Payment Received
Client can forgive the Debtor’s debt at any time in the process
10
Juristec is the Solution
Juristec updates case proceeding quickly and
easily, assigns ticklers for further proceedings.
Juristec tracks time intervals and generates
filings for the court. Attorney has several
litigation options to obtain judgment.
Juristec tracks payment and creates ability for periodic payment from
debtors.
Juristec creates error-free pleadings completed in
one-step process. Cases can be sent electronically
to the court.
Client has access to Juristec database with all
case information. Database is backed up on a secure
network daily.Client
Attorney
Debtor
Courts
11
Demand LetterJuristec automates all litigation procedures, tracks deadlines and payments.
Greater effectiveness when demand comes from an attorney.
PleadingsMost responsive debtors settle or make payment arrangements before going to trial.
Legal officer serves pleadings directly to the debtor. FDCPA prohibits other collectors from personal visits.
Trial/JudgmentCourt orders debtor to pay. Attorney can question debtor about personal finances.
Most cases are ruled in favor of the creditor.
Judgment allows attorney to take appropriate action against the debtor.
Post-JudgmentAttorneys may garnish wages or place liens on property to compel debtor to pay.
Judgments can prevent debtors from obtaining future credit such as home/auto loans.
43% Collected Pre Judgment* 57% Collected Post Judgment
Proven Results
*Based on five year average of Peterson & Simpson’s debt collection practice
When demand letters are no longer effective, litigation should begin.
12
Proven Results – Case StudyJuristec ASP is a proven technology that has been used to collect over $75 million in late-stage collections.
Collected: $75 Million
Collected: $75 Million
Collections for Peterson & Simpson, Attorneys at Law
Total Remittances:$300 Million
Peterson & Simpson was a small, but very effective legal practice with two attorneys, one paralegal, a few administrative assistants and part-time file clerks.
The firm received 500 new cases per week with an average case size around $1,000, with $500 as the minimum. Cases were received between 8 and 14 months past due after several collection attempts had been made.
Each case was prosecuted to judgment and a debtor's exam unless paid or settled. Cases that warranted it were garnished. The office staff created a series of pleadings and letters with minimal input and without resorting to word processing, which provided a complete audit trail of pleadings and transactions. The firm allowed debtors to make installment payments; the program calculated a per diem interest rate. The firm was able to move forward on those who defaulted in payments without any loss of efficiency.
The platform allowed the firm to maintain a high level of professionalism in their practice, enforcing the office standard forms, eliminating human error, and automatically calculating interest, costs, attorney fees and balances. Judges appreciated the firm’s pleadings because of this efficiency.
The client received monthly reports including payments, costs, and important status changes. Development of the first electronic filing system with the Sandy Court in Utah increased ease of filing cases. The firm collected 20-30% of outstanding debt per year, double the average of traditional agencies.
13
15%
25%
Collection Industry
With Juristec*
10%
20%
20%
Current Attorneys
Collection Volume
AB
CA) Most traditional collection attorneys are not able to handle large volumes nor low-balance debt. Because high-balance debt is often difficult for debtors to manage financially, attorneys face less actual collections and more bankruptcies.
B) Average collection for industry players is approximately 15% (ACA, 2005).
C) Only with Juristec can clients/attorneys utilize the effectiveness of litigation with the high volume practice of collection agencies.
*Based on five-year average of Peterson & Simpson’s debt collection practice. Cases received by Peterson & Simpson are late-stage (8-14 month) and low-balance ($1,000 average).
Proven Results“There is a unique power in utilizing the court; however, it’s certainly fair and effective to use a court to collect a debt which has not been paid after years of debt collection efforts in many cases.”- Adam Olshan, Past President of the National Association of Retail Collection Attorneys
14
Juristec enables its clients to:– Capture revenue that has been written off to bad debt by the
client.– Focus on collecting a higher volume of small-balance and
late-stage debt.– Collect 20-30% of qualified delinquent debt through
litigation.– Increase the ease and professionalism of their debt
collection process.– Maintain oversight of the collection process. Allows client
to have adequate communication with customers and prevents over-zealous collection practices.
– Track and document each case and efforts for collection.
Why Juristec?Juristec provides both technology and services that allow clients to cost effectively litigate on a high volume of low-balance and late-stage bad debts while maintaining control of the case.
15
Table of Contents• Juristec Overview
– Comparison to Traditional Solutions– Value Proposition– Proven Results– Why Juristec?
• Appendix A: Market Direction– Increase in Debt to Household Income– Increase in Delinquency Rates– Increase in Debt Write-offs– Debt Collection Industry
• Appendix B: Juristec Details– Juristec Technology– Juristec Features– Security & Confidentiality– Juristec Tenets of Excellence– Management Team– Frequently Asked Questions
16
Outstanding debt to Income“The household sector is much more exposed to consumer credit than it has been for a long time; in fact, than it ever has been. We are at a record level now of the ratio of total debt outstanding to household income. - Bill Hampel, Senior Vice President, Credit Union National Association
17
Innovation in the financial services marketplace has given consumers many more choices, including an array of options for paying for goods and services, and these innovations, of course, have an impact on the willingness and ability of consumers to borrow money.
Federal Reserve Flow of Funds, Commerce Department
-
2.00
4.00
6.00
8.00
10.00
12.00
14.00
16.00
18.00
20.00
1980
Q119
80Q4
1981
Q319
82Q2
1983
Q119
83Q4
1984
Q319
85Q2
1986
Q119
86Q4
1987
Q319
88Q2
1989
Q119
89Q4
1990
Q319
91Q2
1992
Q119
92Q4
1993
Q319
94Q2
1995
Q119
95Q4
1996
Q319
97Q2
1998
Q119
98Q4
1999
Q320
00Q2
2001
Q120
01Q4
2002
Q320
03Q2
2004
Q120
04Q4
2005
Q320
06Q2
2007
Q120
07Q4
Debt to Household Income
Mortgage
Consumer
18
3.10%
7.40%
12.30%
19.50%
15.10%
42.70%
3.30%
7.40%
14.90%
23.90%
18.20%
32.40%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
1st Quintile 2nd Quintile 3rd Quintile 4th Quintile Next 10% Top 10%
Income All Household Debt
Debt to Household Income
Federal Reserve, 2004 Survey of Consumer Finances
“If all of the debt is held by people with really high incomes, it’s much less of a concern than if it tends to be concentrated in lower income groups.” Bill Hampel, Senior Vice President, Credit Union National Association
19
Commercial Banks Delinquency Rates
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
1985
Q119
85Q4
1986
Q319
87Q2
1988
Q119
88Q4
1989
Q319
90Q2
1991
Q119
91Q4
1992
Q319
93Q2
1994
Q119
94Q4
1995
Q319
96Q2
1997
Q119
97Q4
1998
Q319
99Q2
2000
Q120
00Q4
2001
Q320
02Q2
2003
Q120
03Q4
2004
Q320
05Q2
2006
Q120
06Q4
2007
Q320
08Q2
All Business Residential Credit Cards Other Consumer
20
Commercial Bank Charge-offs Rates
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
1985Q11985Q31986Q11986Q31987Q11987Q31988Q11988Q31989Q11989Q3199
0Q11990Q31991Q11991Q31992Q1199
2Q31993Q11993Q31994Q11994Q31995Q11995Q31996Q11996Q31997Q11997Q31998Q11998Q31999Q11999Q32000Q12000Q32001Q12001Q32002Q12002Q3200
3Q12003Q32004Q12004Q32005Q1200
5Q32006Q12006Q32007Q12007Q32008Q1
All Business Residential Credit Cards Other Consumer
The Federal Reserve Board
21
Commercial Bank Charge-Offs
(5,000)
-
5,000
10,000
15,000
20,000
25,000
1985
Q119
85Q4
1986
Q319
87Q2
1988
Q119
88Q4
1989
Q319
90Q2
1991
Q119
91Q4
1992
Q319
93Q2
1994
Q119
94Q4
1995
Q319
96Q2
1997
Q119
97Q4
1998
Q319
99Q2
2000
Q120
00Q4
2001
Q320
02Q2
2003
Q120
03Q4
2004
Q320
05Q2
2006
Q120
06Q4
2007
Q320
08Q2
All Commercial / Industrial Real Estate Consumer Residential Credit Cards Other Commercial Real Estate
In Millions $$
Q2 ‘08: $20,461,000,000
The Federal Reserve Board
22
Debt Collection“Debt collection plays a vitally important role in this system of consumer credit. Collecting on a debt, of course, benefits individual creditors who are repaid money they're owed, but it also has much broader economic benefits.
If consumers don't repay their debts, then sellers will seek to increase the prices of the goods and services to those of us who are paying to cover the cost, and if consumers don't repay their debts, creditors will be less willing in the end to lend money to consumers, and that will decrease our future purchases.
So, obviously debt collection plays a key role in keeping prices low and ensuring that consumer credit remains widely available across sectors of our economy.”- Deborah Platt Majoras, Chairman, Federal Trade Commission
23
Table of Contents• Juristec Overview
– Comparison to Traditional Solutions– Value Proposition– Proven Results– Why Juristec?
• Appendix A: Market Direction– Increase in Debt to Household Income– Increase in Delinquency Rates– Increase in Debt Write-offs– Debt Collection Industry
• Appendix B: Juristec Details– Juristec Technology– Juristec Features– Security & Confidentiality– Juristec Tenets of Excellence– Management Team– Frequently Asked Questions
24
Juristec TechnologyJuristec Utilizes Cutting-Edge Technology to Provide Greater Security and Flexibility
•Oracle has proven to be the most reliable and most secure database in the industry. Used by more than 50% of the top Fortune 100 companies and the American Hospital Association.
•Combining Sun's Enterprise Servers with the latest Solaris Operating Environment delivers enhanced security, manageability and performance. Sun™ Open Net Environment (Sun ONE) is based on Health Insurance Portability and Accountability Act (HIPAA) regulations regarding encryption for privacy of patient records.
•The Java™ platform is the foundation for networked and Web services. Java's "run anywhere" technology provides a highly flexible and highly scalable solution.
•Intellivex: Through our Security Solutions Co-location Provider, Juristec provides a veritable fortress for our clients protected data.
25
Juristec is a feature-rich application that allows attorneys and clients to manage the process of bad debt litigation.
Full record of all cases, payments and per case costs for auditing and reporting to attorney/client
Automated Transaction Archival and Reporting
Error-free summons, summary judgments, etc. completed in one step process
One-step pleadings
Tracks information on judges and courts and matches judges to cases
Court/Judge Database
Legal/non-legal staff can create error-free pleadings and updates though a secure access.
Easy-to-use, Multi-User Access
Debtor Management/Cost and Payment Management
Stores case work and allows instantaneous tracking and manipulation of cases on screen.
Case Management
BENEFITSSYSTEM FEATURES
Tracks payment and creates ability for installment payments from debtors.
XML Court Filing Court cases can be directly filed to the courts over the Internet
Juristec’s provides:•Security and reliability
•Increased professionalism and decreased errors of legal documents and pleadings
•Flexibility to handle high volume of cases with smaller debts
•Easy and rapid implementation with low maintenance
•Low-scale investment in technology or in-staff training
•One-step pleadings processing
•Real-time operating statistics and customizable reporting
•Auditable payment and transaction tracking
•Seamless integration on any operating system
•Secure and automated data backup
Juristec Features
26
• Administrative Procedures to Guard Data Integrity, Confidentiality and Availability.
– Virus Checking– Security Testing– Awareness Training– Incident Reporting
• Technical Security Service to Guard Data Integrity, Confidentiality and Availability
– Role/User based access– Data Authentication– Automatic Log Off– Audit Trail
Security & ConfidentialityJuristec facilitates compliance between the Client and Attorneys to protect customer information.
• Physical Safeguards to Guard Data Integrity, Confidentiality and Availability
– Access/Biometric Security Controls– UPS (Uninterruptible Power Supply) – Protected data backup and storage– Data and equipment monitoring
• Technical Security Mechanisms to guard against Unauthorized Access to Data Transmitted over a network.
– Encryption Technology– Virtual Private Networks– Dedicated Firewall– Unique User Names and Passwords
27
Juristec is an Application Service Provider (ASP) that provides technology to both Clients and Attorneys for the purpose of collecting bad debt through litigation.
•Enforces Client’s procedures and policies.
•Increases communication between Client and Attorney.
•Provides full audit trail of Debtor payments
•Includes checks to prevent legal errors, malpractice, and missed deadlines
•Greater Client control of individual cases.
INCREASESPROFESSIONALISM
GREATER SECURITY & SUPPORT
SIMPLIFIESCOLLECTIONS
BEST-IN-CLASSTECHNOLOGY
•High-level encryption standards
•Secure and automated data backup.
•Easy and rapid implementation with low maintenance.
•Real-time operating statistics and customizable reporting.
•24X7X365 monitoring and comprehensive contingency infrastructure.
•Provides document automation and one-step pleadings, which speeds the litigation process, eliminates errors and reduces costs.
•XML/EDI standards to import/export cases through a secure Web site.
•Attorneys work cases to collection and Clients monitor the progression.
•Payment and interest tracking system allows Debtors to make installment payments.
•Juristec provides a full technology solution for collection litigation.
•Manages all technical aspects including data and database management, firewall protection and encryption.
•Provides flexibility to handle high volume of cases with smaller debts.
•Proven technology currently in operation for 15 years managing 20-30,000 cases per year.
Juristec Tenets of Excellence
28
Lawrence R. Peterson – Founder, President• Founding Partner of Peterson & Simpson Attorneys at Law• 30-year member of Utah State Bar Association • Member of the Utah Collections Bar Association• Certified Solaris/Sun Systems Administrator• Juris Doctorate from University of Utah
Brent Peterson – Director of Business Development• Manager for the Cicero Group• Manager at Bond Street Limited, LLC• Chief Analyst for Blackford Capital, LLC• B.A. from Brigham Young University, degree in Economics
Management Team
29
Frequently Asked QuestionsWill we be subject to counter-lawsuits if we litigate on our bad debt?Juristec provides greater professionalism and eliminates errors from prosecuting each case. Client also has the ability to filter out any cases they feel may be in question.
What about those individuals that don’t have the ability to pay for economic reasons?Those individuals who do not have the ability to pay are virtually unaffected by the process because they typically do not have assets that can be placed under lien. Often times they can qualify for charitable contributions by the creditor.
Why aren’t collection agencies able to collect as much as we can with Juristec?Consumers know that collection agencies tend to make idle threats in suing the consumer but never do, and therefore, collection letters are typically ignored. With Juristec, consumers will receive a demand letter from an attorney and will be summoned to court if payment arrangements are not met. Consumers are much more compelled to pay when faced with a lawsuit and can be forced to pay when judgment is rendered
If we use Juristec, will we stop using our collection agency?Juristec is typically utilized for late-stage (greater that 180 days) consumer debt. Most collection agencies see their results fall the longer the debt is outstanding.