JvH
Frequently asked questions

What you typically want to know first.

If a question is not covered here, write to inquiries@jvham.com.

01

Engagement & cost.

What does it cost to engage the firm? +

Nothing up front. You contribute no funds. The firm funds all Legal Costs in the first instance. Your contribution is the documentary record and operational cooperation through the recovery.

How is recovery shared? +

The default position is 50/50 on the net Recovered Amount. The split is calibrated on a continuous scale between 75/25 in your favour and 75/25 in the firm’s favour, depending on the complexity of the file. The Complexity Threshold Assessment determines the calibration and is completed within 30 calendar days of execution.

When are Legal Costs deducted from my share? +

Only once cumulative recoveries reach 2× the cumulative Legal Costs paid by the firm. Below that threshold, recoveries are split without deduction. Early tranche recoveries are protected.

What happens if no recovery is achieved? +

You owe nothing. The firm bears the cost of the Legal Costs incurred. Where the firm determines in good faith that further recovery is not commercially viable, that determination is communicated in writing and the engagement concludes.

02

How the recovery works.

Who actually owns the claim during the recovery? +

The firm. We act as Assignee under a Claim Assignment and Recovery Agreement and take legal title to your accrued claims. Recovery is conducted in our name on title we hold, which eliminates a category of procedural defence the counterparty would otherwise raise.

What does the recovery process look like? +

After assignment, the firm completes a forensic reconciliation of the merchant-side record against the counterparty's ledger. A formal demand is served on the counterparty's legal function. Where the response is unsupportable on the documentary record, supervisory engagement is opened in the counterparty's home Member State. Proceedings are prepared in the named forum where required. Settlement is the preferred outcome on every file.

How long does a recovery take? +

Projected 3–12 months from execution of the Claim Assignment and Recovery Agreement, depending on the counterparty's posture and the documentary complexity of the file. Where a counterparty engages in good faith and settles within a defined window, the timeline compresses materially.

Do you go to court? +

Where required. Forum selection follows any exclusive jurisdiction clause in the underlying agreement. The firm prefers a commercial settlement on mutual release and mutual confidentiality, and most files do not require trial. Proceedings are prepared and conducted where commercial settlement is not available.

03

Strong files & weak files.

What makes a strong file? +

Institutional-scale accrued claims; a substantially executed merchant services agreement with schedules and side letters; clear documentary evidence of the dispute (formal correspondence, partial release, contested deduction, or retention beyond the applicable release window); and operational capacity on the merchant side to support the recovery over 3–12 months.

What about files with gaps in the documentary record? +

Files outside the high-documentation profile are still considered where the structural facts are sufficiently strong. In particular, where supervisory framework breaches are clear, the firm engages even on partial documentary records.

What if the counterparty has been acquired, restructured or rebranded? +

This is a recurring feature in the sector. The firm coordinates the procedural notice framework to follow the actual obligor, including, where required, joinder of the successor entity and engagement with the home Member State supervisory authority on regulatory transition.

My company is a subsidiary of a publicly listed parent. Is this a problem? +

No. The firm is calibrated to handle the listed-parent dimension in coordination with your own counsel — including disclosure obligations that may apply to the existence of the claim or the conduct of the recovery.

04

Confidentiality, communications, control.

Is the engagement confidential? +

Yes. The Claim Assignment and Recovery Agreement contains mutual confidentiality undertakings. Existence of the engagement, conduct of the recovery, strategic positioning, and any documentary record exchanged are all subject to confidentiality. Public disclosure requires the prior written consent of both parties.

Who decides whether to settle? +

The firm has full discretion over the conduct of the recovery, including the timing and terms of any settlement engagement. The firm consults you on any settlement proposal materially below the documented anchor position established in the initial review.

What if the counterparty contacts me directly during the recovery? +

Direct any such communication to the firm and do not engage substantively with the counterparty. Any payment received by you from the counterparty after the Notice of Assignment is held on trust for the firm and remitted within five business days.

Can I terminate the engagement? +

During the recovery period, termination by the Assignor requires the firm's prior written consent, which is not unreasonably withheld where your underlying business circumstances have materially changed. The firm may terminate on 30 days' written notice and accounts to you for any Recovered Amount received but not yet distributed.

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