KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Collections
August 15, 2025
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Collections
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Ken,
    We have a customer with three years remaining on their service agreement. Despite multiple written notices regarding potential suspension of services, including a final notice of cancellation, the annual monitoring fee remains unpaid.
    There was some prior communication indicating that payment might be forthcoming, but it has not been received. At this point, we would like to move forward with collecting the remaining balance due under the agreement, along with any applicable costs.
    Could you please advise on the next steps your team would recommend to initiate this process?
Best,
Shelby
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Response
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    K&K's collection department will support the Kirschenbaum Contracts
TM.  You would contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbuamesq.com.  Once a collection retainer agreement is signed you will be sending Kathleen a "commence litigation" form along with the contract in question and supporting documentation. Collections are handled on a contingency bases, one0-third of what's collected; client pays all expenses which are generally a few hundred dollars.  
    What to expect?  K&K will generally commence it's collection process within a day of so of you sending us the papers.  For consumers that usually means a 30 day notice required by law, followed by a Demand For Arbitration.  For commercial accounts we go straight to Demand For Arbitration.  The latest Kirschenbaum Contracts
TM identify the arbitration forum as Nationwide Arbitration Services Inc, and its rules can be found at www.nationwidearbitrationservicesinc.com.  
    Our expectation, which should be your expectation, is that we generally settle 50% of the matters quickly, within a month.  Another 25% will take a few months but should achieve some settlement.  Another 25% will probably end up being uncollectible, which we may determine quickly, saving time and expense, or not until we have processed the entire collection procedure and are unable to collect the judgment.
    We will be demanding legal fees on top of whatever you may be owed.  As the commercials all say, "results may vary; past performance is not indicative of your results".  
    What can you do to facilitate a successful collection?  Send the matter to K&K sooner than later.  The later you wait the less chance you will have for recovery.  Sort of "strike while the iron is hot".  Each case is different so I can't tell you how to handle a particular customer headed for collection, but generally, if they are using the system and you're getting signals, keep monitoring, at least until we have started the arbitration.
    The K&K collection department is highly trained professionals consisting of attorneys and paralegals.  With over 50 years of experience representing the alarm industry, and doing collections since 1975 for the industry, K&K has a proven track record.
    If you're using K&K contracts the K&K collection department is available to you.  
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com