follow up on collections / UCC filed / contract issues August 22, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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follow up on collections / UCC filed / contract issues
August 22, 2017

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follow up on collections from July 6, 2017 article

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Ken,

In regards to your article on collections, we were interested in finding out what your rates are for collections. We are in the process of revising our collections process and would like to look into having someone else do that for us. We currently only handle that internally.

Thank you!

Respectfully,

Megan

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Response

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K&K's collection department works on contingency basis, one-third of collected amount. Client is also responsible for out of pocket expenses which would include, among others, an arbitration filing fee of $125.00. Our staff is accustom to trying to save the account when possible and fees can vary if that's the way the case is settled. Of course our client would have to agreed to that resolution. The sooner the alarm company turns the case over to us the better the chance for amicable resolution or recovering on a judgment.

The K&K collection department is available to companies using our Standard Form Agreementswith the arbitration clause and we can handle the proceeding through that process.

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UCC filed

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Ken

We filed a UCC-1 for a property where we had not received payment but the property recently sold without notification to us about the sale. It was filed online and all information was verified beforehand. What can be done in these instances? Is there anyone we can contact in these cases?

Thank you,

Noemi

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Response

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Filing a UCC-1 perfects your security interest in the collateral described in the UCC-1 notice. The lien is on personal property, not real property. That's why you didn't get notice of a sale of the real property.

Technically you can contact whoever bought the property and tell them that your collateral is on the property and you want to remove it. Practically, you're wasting your time.

Does that mean the UCC provision in the Standard Form Agreement is worthless? No, but it does mean that it's of limited effect and significance. It's probably more potent remedy in a commercial setting. Once you file the UCC-1 you become a secured creditor to the extent of your collateral. If your subscriber files bankruptcy you can claim secured creditor status and seek the collateral or its value. Under some circumstances you may be able to hold up the sale of the real property, at least long enough to try and get your collateral or work out a payment.

The UCC option should be used sparingly because if you file it routinely your subscribers are going to be annoyed that you have affected their credit. This would be the case even if they are not behind in payment.

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contract issues

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Ken,

I enjoy reading the news you email, keeps me on my toes!

I am in discussions with a city that currently monitors city-owned alarm systems themselves. They have many issues that they wish to remedy, if not outright fix. All issues are receiver and receiver/phone line maintenance problems. I wish to offer two options:

1. upgrading their current receiving equipment (phone line receiver) with an IP receiver solution. IP solution also would also include adding/replacing IP transmitters at each alarm panel.

2. monitoring their alarm systems. This entails programing all current and future alarm systems to send signals to our contract central station. This may or may not include upgrading to an IP solution at the present time.

Can I use a “blanket” commercial all-in-one burglar contract, or should each site be on a separate contract for either of the above proposed solutions?

Same for the fire systems in the city.

Please respond please include cost for latest version of commercial burg and fire contracts.

Thank you,

anon

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Response

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You should use the Commercial All in One for the non-fire work. Use the Fire All in One for the fire work. Cost for Commercial All in One is $875 and cost for Fire All in One is $850. You should also use the Disclaimer Notice; cost $175. You can order these forms, and others, at www.alarmcontracts.com

The sooner you do order them and start using them the sooner your RMR and company equity will increase.

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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
516 747 6700
www.KirschenbaumEsq.com