Attorney Recovery Systems Inc., assignee of Management Recruiters International v. Datalode, Inc.
Published: Mar. 16, 2004 | Result Date: Feb. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV021053 Verdict – $15,000
Facts
In January 2001, the plaintiff's assignor (MRI) and the defendant entered into a $15,000 written retainer agreement whereby MRI was to use its best efforts to locate for the defendant a Director of Sales and Marketing. If a suitable Director was located by MRI and hired by the defendant, MRI was entitled to a 30 percent fee from the defendant of the Director's first year salary (less the $15,000 retainer fee). If a Director was not located, MRI could keep the $15,000 retainer fee. In February, 2001, (while the search by MRI for a Director was ongoing), the defendant approached MRI and asked MRI to locate a salesperson for the defendant. On or about February 27, 2001, the defendant hired a salesperson presented to the defendant by MRI. The fee for the said placement was $36,000. The defendant paid MRI $21,000 for the placement of the salesperson and told MRI to apply the previously paid $15,000 Director retainer towards the fee due for the salesperson. MRI refused to apply the $15,000 retainer paid for the Director search to the salesperson's bill. The defendant refused to pay any further money to MRI. MRI then assigned its claim for $15,000 against the defendant for the placement of the salesperson to the plaintiff, Attorney Recovery Systems, Inc. ("ARS"), a collection agency. ARS then sued the defendant alleging common count causes of action.
Settlement Discussions
None.
Damages
$15,000 remaining to be paid pursuant to the $36,000 invoice for placement of the salesperson.
Other Information
Two months after the defendant filed its Answer to the Complaint, the defendant filed a separate action against both Attorney Recovery Systems, Inc. and MRI in the same court. ARS then filed a motion to strike ARS from the Complaint in the case, which was granted. Thereafter, the defendant volunntarily dismissed MRI from the Complaint. A court ordered Arbitration hearing was held on December 10, 2002 resulting in an award to the defendant. ARS filed a trial de novo. ARS has filed a Memorandum of Costs totalling $7,305.76.
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