Does the cost responsibility for Caring Senior Service collections extend to costs of appeal?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Costs. If this Note is placed in the hands of an attorney for collection, or if it is collected through any legal proceeding at law or in equity, or in bankruptcy, receivership or other court proceedings, Maker agrees to pay all costs of collection, including, but not limited to, court costs and reasonable attorneys' fees, including all costs of appeal.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, if Caring Senior Service has to place a note in the hands of an attorney for collection, the franchisee, referred to as the Maker, is responsible for covering all associated costs. This includes, but is not limited to, court costs and reasonable attorneys' fees.
This obligation extends to any legal proceedings, whether at law or in equity, or in bankruptcy, receivership, or other court proceedings. Importantly, the franchisee's responsibility explicitly includes all costs associated with appeals.
This means that if Caring Senior Service incurs expenses while trying to collect on a note, including the costs of taking the matter to court and potentially appealing a decision, the franchisee will have to pay those costs. This could significantly increase the financial burden on the franchisee beyond the original amount of the debt.