Terms of Service

Welcome to PayHeld Recovery ("Recovery," "we," "us," or "our"), a surplus funds recovery service operated by PayHeld, Inc. PayHeld Recovery assists former property owners in the State of Florida with recovering surplus funds resulting from foreclosure sales, tax deed sales, and unclaimed property proceedings.

1.1 Service Description: PayHeld Recovery is a specialized service that identifies, locates, and recovers surplus funds held by Florida county clerks of court and the Florida Department of Financial Services on behalf of eligible former property owners. We handle all research, legal filings, court appearances, and administrative proceedings necessary to recover these funds.

1.2 Acceptance: By accessing recovery.payheld.com, submitting an eligibility check, signing a contingency agreement, creating a client portal account, or otherwise engaging our services, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

1.3 Eligibility: Our services are available to individuals and entities who are or may be entitled to surplus funds from Florida foreclosure proceedings, tax deed sales, or unclaimed property held by the State of Florida. You must be at least 18 years of age and have the legal capacity to enter into binding agreements.

1.4 Relationship to PayHeld Platform: PayHeld Recovery is a service of PayHeld, Inc. These Terms govern your use of the Recovery service specifically. The PayHeld platform's general Terms of Service (available at payheld.com/terms) govern use of the broader PayHeld freelance marketplace and payment platform. If you use both services, both sets of terms apply to their respective services.

1.5 No Attorney-Client Relationship: PayHeld Recovery is not a law firm and does not provide legal advice. Our services involve the preparation and filing of claims for surplus funds on your behalf. No attorney-client relationship is created by your use of our services. You are always free to consult with and retain your own legal counsel at any time.

2.1 Scope of Services: PayHeld Recovery provides the following services on a contingency basis:

• Identification and verification of surplus funds held by Florida county clerks of court
• Research of property records, foreclosure judgments, and lien histories
• Verification of your eligibility as a rightful claimant
• Preparation and filing of motions to claim surplus funds with the appropriate court
• Coordination with county clerks, court administrators, and other relevant parties
• Tracking of claim status through court proceedings
• Facilitation of fund disbursement upon court approval

2.2 Surplus Fund Types: We handle claims for surplus funds arising from:

• Mortgage foreclosure sales (governed by FL Statute 45.032 and 45.033)
• Tax deed sales (governed by FL Statute 197.522)
• HOA and condominium association foreclosure sales
• Code enforcement lien foreclosures
• Other judicial and non-judicial sales resulting in surplus proceeds

2.3 Unclaimed Property: In addition to court-held surplus funds, we assist with claims for unclaimed property held by the Florida Department of Financial Services under Florida Chapter 717 (Florida Disposition of Unclaimed Property Act).

2.4 Due Diligence: Before accepting your case, we perform preliminary due diligence including:

• Verification that surplus funds exist and are currently held by the court or state
• Confirmation of your identity and relationship to the former property
• Preliminary lien search to identify potential competing claims or subordinate lienholders
• Assessment of case viability and estimated recovery amount

2.5 No Guarantee of Recovery: While we strive to recover all eligible surplus funds, we cannot and do not guarantee any specific outcome. Recovery is subject to court approval, competing claims by other parties, outstanding liens, and other factors beyond our control. Past recovery results do not guarantee future outcomes.

2.6 Case Rejection: We reserve the right to decline or discontinue any case at our sole discretion, including but not limited to cases where:

• Surplus funds do not exist or have already been claimed
• The client cannot establish eligibility as a rightful claimant
• Outstanding liens exceed the available surplus
• The case presents legal or ethical concerns
• The client fails to cooperate or provide required documentation

3.1 Contingency Fee Model: PayHeld Recovery operates exclusively on a contingency fee basis. You pay nothing upfront. Our fee is collected only upon successful recovery of surplus funds on your behalf.

3.2 Foreclosure Surplus Fee (FL Statute 45.033): For surplus funds arising from mortgage foreclosure proceedings, our contingency fee is governed by and shall not exceed the limits set forth in Florida Statute 45.033(3)(d):

• Our fee shall not exceed twelve percent (12%) of the recovered surplus amount
• This fee cap is mandated by Florida law and applies to all third-party claims filers
• The fee is calculated on the gross surplus amount recovered before any deductions for liens or other obligations

3.3 Tax Deed Surplus Fee: For surplus funds arising from tax deed sales under FL Statute 197.522, our contingency fee shall not exceed twelve percent (12%) of the recovered surplus amount, consistent with the fee structure for foreclosure surplus claims.

3.4 Unclaimed Property Fee (FL Chapter 717): For unclaimed property claims filed with the Florida Department of Financial Services, our contingency fee is governed by Florida Chapter 717 and applicable administrative rules:

• The fee shall not exceed the statutory cap as set forth in FL Ch. 717
• Different fee caps may apply depending on the type and age of the unclaimed property

3.5 Fee Transparency: Before you sign a contingency agreement, we will provide you with:

• A clear written statement of the applicable fee percentage
• The statutory authority for the fee cap
• An estimate of the gross surplus amount and your estimated net recovery
• A breakdown of any known liens or deductions that may reduce your recovery

3.6 No Hidden Fees: PayHeld Recovery does not charge:

• Upfront retainer fees or consultation fees
• Administrative or processing fees
• Filing fees (we absorb all court filing costs)
• Research or due diligence fees
• Fees for unsuccessful claims

3.7 Fee Deduction: Our contingency fee is deducted from the recovered surplus funds before disbursement to you. You will receive the net amount after deduction of our fee and satisfaction of any valid outstanding liens.

3.8 Fee Disputes: If you believe our fee was calculated incorrectly, you may request a detailed accounting within thirty (30) days of fund disbursement. We will provide a complete breakdown of the fee calculation, including the gross surplus amount, fee percentage applied, and any deductions.

4.1 Accurate Information: You represent and warrant that all information you provide to PayHeld Recovery is truthful, accurate, and complete. This includes but is not limited to:

• Your legal name, date of birth, and contact information
• Your relationship to the foreclosed property (former owner, heir, successor in interest)
• Any known liens, judgments, or encumbrances against the property or surplus funds
• Any prior claims filed for the same surplus funds
• Any other third-party recovery services you have engaged

4.2 Required Documentation: You agree to promptly provide all documentation we reasonably request to process your claim, including:

• Government-issued photo identification
• Proof of your interest in the property (deed, closing documents, probate records, etc.)
• Social Security Number or Taxpayer Identification Number (required for tax reporting)
• Signed contingency agreement and authorization forms
• Any additional documentation required by the court or clerk of court

4.3 Cooperation: You agree to cooperate fully with PayHeld Recovery throughout the claims process, including:

• Responding to communications within a reasonable timeframe (generally within 5 business days)
• Providing requested documents and information promptly
• Signing necessary legal documents, affidavits, and court filings
• Appearing for court hearings if required (rare, but occasionally necessary)
• Notifying us immediately of any change in your contact information

4.4 Exclusive Engagement: During the term of our contingency agreement, you agree not to engage any other surplus recovery service, claims filer, or attorney to pursue the same surplus funds that are the subject of our agreement. If you have previously engaged another party, you must disclose this to us before we begin work on your case.

4.5 Prohibition on Direct Filing: During the term of our contingency agreement, you agree not to file any claim for the subject surplus funds directly with the court or clerk of court without our knowledge and written consent. Direct filing may jeopardize your claim and our ability to represent your interests.

4.6 Truthful Representations: You represent that you have not been convicted of fraud, forgery, or identity theft, and that your claim to the surplus funds is made in good faith. Filing a fraudulent claim is a criminal offense under Florida law.

5.1 Written Agreement Required: Before PayHeld Recovery begins work on your case, you must sign a written Contingency Fee Agreement ("Agreement"). This Agreement sets forth the specific terms of our engagement, including the applicable fee percentage, the identified surplus funds, and the scope of services.

5.2 Agreement Contents: The Contingency Fee Agreement will include:

• Identification of the specific surplus funds to be recovered
• The property address and case number (if known)
• The applicable contingency fee percentage
• Authorization for PayHeld Recovery to act on your behalf
• Term and termination provisions
• Signatures of both parties

5.3 Electronic Signatures: You agree that electronic signatures on the Contingency Fee Agreement and other documents are legally binding and have the same force and effect as original ink signatures, in accordance with the Florida Uniform Electronic Transaction Act (FL Statute 668.50) and the federal Electronic Signatures in Global and National Commerce Act (E-Sign Act).

5.4 Term: The Contingency Fee Agreement remains in effect until:

• The surplus funds are successfully recovered and disbursed
• The claim is denied by the court with no further appeal available
• Either party terminates the agreement in accordance with its terms
• The agreement expires by its own terms (if a term limit is specified)

5.5 Assignment: You may not assign or transfer the Contingency Fee Agreement or your rights thereunder without our prior written consent. We may assign the agreement to a successor entity in connection with a merger, acquisition, or sale of substantially all of our assets.

5.6 Entire Agreement: The Contingency Fee Agreement, together with these Terms of Service, constitutes the entire agreement between you and PayHeld Recovery regarding the recovery of the identified surplus funds. In the event of a conflict between the Contingency Fee Agreement and these Terms, the Contingency Fee Agreement shall control with respect to the specific engagement.

6.1 Claims Preparation: Upon execution of the Contingency Fee Agreement and completion of due diligence, PayHeld Recovery will prepare and file the appropriate legal documents with the relevant Florida court or government agency. These may include:

• Motion to Disburse Surplus Funds (for foreclosure surplus)
• Claim for Tax Deed Surplus (for tax deed surplus)
• Claim for Unclaimed Property (for funds held by the state)
• Supporting affidavits, declarations, and exhibits
• Proof of identity and entitlement documentation

6.2 Filing Timeline: We will use commercially reasonable efforts to prepare and file your claim within thirty (30) days of receiving all required documentation from you. Actual filing times may vary depending on case complexity, court requirements, and document availability.

6.3 Court Proceedings: After filing, the claims process is subject to court scheduling and procedures, which are outside our control. Typical timelines from filing to disbursement range from thirty (30) to one hundred twenty (120) days, depending on:

• The county and circuit court where the funds are held
• Whether competing claims are filed by other parties
• Whether a hearing is required or the matter can be resolved on the papers
• Court backlog and scheduling availability

6.4 Hearings: In some cases, a court hearing may be required. PayHeld Recovery will arrange for appropriate representation at any required hearing. In rare circumstances, your personal appearance may be requested by the court.

6.5 Competing Claims: If other parties file competing claims for the same surplus funds, PayHeld Recovery will:

• Notify you promptly of the competing claim
• Assess the validity and priority of the competing claim
• Advise you of your options, which may include negotiation, withdrawal, or proceeding to a contested hearing
• Represent your interests in any contested proceedings

6.6 Appeals: If a claim is denied, PayHeld Recovery will assess whether an appeal is warranted and advise you accordingly. Any decision to appeal will require your written consent. Appeal costs, if any, will be discussed with you before proceeding.

6.7 Status Updates: You will have access to real-time status updates through your PayHeld Recovery client portal. We will also provide proactive email notifications at key milestones, including filing confirmation, hearing scheduling, court orders, and disbursement.

7.1 Court-Ordered Disbursement: Upon court approval of your claim, the clerk of court will issue a check or electronic transfer for the approved surplus amount. Disbursement procedures vary by county.

7.2 Fee Deduction: PayHeld Recovery's contingency fee will be deducted from the gross surplus amount before disbursement to you. You will receive a detailed accounting statement showing:

• Gross surplus amount recovered
• Our contingency fee amount and percentage
• Any liens, judgments, or encumbrances satisfied from the surplus
• Net amount disbursed to you

7.3 Lien Satisfaction: If outstanding liens or judgments are identified during the claims process, the court may order that such liens be satisfied from the surplus funds before disbursement. PayHeld Recovery will work to identify and address liens during the claims process to minimize surprises at disbursement.

7.4 Disbursement Methods: Net surplus funds will be disbursed to you via:

• Direct deposit (ACH transfer) to your verified bank account
• Check mailed to your verified address

You must provide verified banking information or a current mailing address to receive your funds.

7.5 Tax Reporting: PayHeld Recovery will issue appropriate tax forms (IRS Form 1099-MISC or 1099-NEC) for disbursements as required by federal and state tax law. You are solely responsible for reporting recovered surplus funds as income and paying any applicable taxes. We are not tax advisors and do not provide tax advice.

7.6 Unclaimed Disbursements: If we are unable to disburse funds to you due to invalid contact information, unresponsive communication, or failure to provide banking details, we will make reasonable efforts to contact you for ninety (90) days. After ninety (90) days, unclaimed disbursements may be subject to Florida's unclaimed property laws.

7.7 Disbursement Timeline: Once the court issues an order approving disbursement, the actual receipt of funds typically takes seven (7) to thirty (30) business days depending on the county clerk's processing time and your chosen disbursement method.

8.1 Client Portal: PayHeld Recovery provides a secure online client portal at recovery.payheld.com/portal where you can:

• View the status of your claim in real time
• Upload required documents securely
• Review and sign documents electronically
• Communicate with your assigned recovery specialist
• Access accounting statements and fee breakdowns
• Update your contact and banking information

8.2 Account Creation: To access the client portal, you must create an account with a valid email address and secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

8.3 Account Security: You agree to:

• Use a strong, unique password for your client portal account
• Not share your account credentials with any third party
• Notify us immediately if you suspect unauthorized access to your account
• Keep your email address and contact information current

8.4 Account Termination: You may request closure of your client portal account at any time by contacting recovery@payheld.com. Account closure does not terminate any active contingency agreement or pending claim. We may retain account data as required by law or for legitimate business purposes.

8.5 Portal Availability: We strive to maintain the client portal's availability but do not guarantee uninterrupted access. The portal may be temporarily unavailable due to maintenance, updates, or technical issues. Portal unavailability does not affect the status of your claim or our obligations under the Contingency Fee Agreement.

9.1 Primary Communication: Our primary method of communication is email, supplemented by the client portal messaging system. By providing your email address, you consent to receive service-related communications electronically.

9.2 Required Notifications: We will send you notifications regarding:

• Claim filing confirmation and case number assignment
• Requests for additional documentation
• Court hearing dates and requirements
• Status changes and milestone updates
• Court orders and rulings on your claim
• Disbursement processing and completion
• Changes to these Terms of Service

9.3 Response Times: We aim to respond to client inquiries within two (2) business days. Complex inquiries requiring research or consultation may take longer, and we will notify you of any expected delay.

9.4 Communication Preferences: You may update your communication preferences through the client portal. However, certain critical service-related communications (such as court hearing notices and disbursement notifications) cannot be opted out of while you have an active claim.

9.5 Phone Communication: While our primary channels are email and the client portal, we may contact you by phone for time-sensitive matters such as court hearing notifications, urgent document requests, or disbursement verification.

9.6 Marketing Communications: We may send you marketing or informational communications about our services. You may opt out of marketing communications at any time using the unsubscribe link in any marketing email or by contacting recovery@payheld.com. Opting out of marketing communications does not affect service-related notifications.

10.1 Our Confidentiality Obligations: PayHeld Recovery will treat all personal and financial information you provide as confidential and will not disclose such information except:

• As necessary to process your claim (e.g., filing court documents, which are public records)
• As required by law, court order, or government investigation
• To our service providers who assist in processing claims, subject to confidentiality obligations
• With your express written consent
• As described in our Privacy Policy

10.2 Public Records: You acknowledge that court filings, including motions to disburse surplus funds, are generally public records. Information contained in court filings — including your name, property address, and claim amount — may be accessible to the public through court records systems. We will use reasonable efforts to limit the personal information included in public filings to what is required by the court.

10.3 Your Confidentiality Obligations: You agree to keep confidential the proprietary methods, processes, and strategies used by PayHeld Recovery in the claims process. This includes our research methodologies, filing strategies, and internal procedures.

10.4 Survival: Confidentiality obligations survive termination of the Contingency Fee Agreement and these Terms of Service.

11.1 Platform Rights: All intellectual property rights in the PayHeld Recovery platform, website, client portal, software, processes, trademarks, logos, and content are owned by PayHeld, Inc. or its licensors. You receive a limited, non-exclusive, non-transferable license to access and use the client portal for the purpose of managing your surplus recovery claim.

11.2 Restrictions: You may not:

• Copy, modify, distribute, or create derivative works of our platform or content
• Reverse engineer, decompile, or disassemble our software
• Use our trademarks, logos, or branding without written permission
• Scrape, crawl, or otherwise extract data from our platform
• Use our platform for any purpose other than managing your surplus recovery claim

11.3 Feedback: If you provide suggestions, ideas, or feedback about our services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our services without any obligation to you.

12.3 Estimated Amounts: Any estimates of surplus fund amounts provided by PayHeld Recovery are preliminary and based on available public records. Actual recovery amounts may be higher or lower than estimates due to previously unknown liens, court-ordered deductions, interest accrual, or other factors.

12.4 Third-Party Services: We rely on third-party services for payment processing, document storage, and other functions. We disclaim all liability for failures, errors, or security breaches caused by third-party service providers.

12.5 Legal Information: Information provided on the PayHeld Recovery website and through the client portal is for informational purposes only and does not constitute legal advice. For legal advice regarding your specific situation, consult a licensed attorney.

13.3 Force Majeure: PayHeld Recovery shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, court closures, pandemics, cyberattacks, third-party service failures, or internet disruptions.

13.4 Jurisdictional Variations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the limitations in this section shall apply to the greatest extent permitted by applicable law.

14.1 Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless PayHeld, Inc., PayHeld Recovery, and their respective officers, directors, employees, agents, and service providers (collectively, the "PayHeld Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

14.2 Defense and Settlement: PayHeld Recovery reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of any such claim.

14.3 Our Limited Indemnity: PayHeld Recovery agrees to indemnify you from third-party claims directly caused by our gross negligence or willful misconduct in the performance of services under the Contingency Fee Agreement, subject to the liability limitations in Section 13.

15.1 Client-Initiated Termination: You may terminate the Contingency Fee Agreement and withdraw from our services at any time by providing written notice to recovery@payheld.com. However:

15.2 PayHeld Recovery-Initiated Termination: We may terminate the Contingency Fee Agreement and cease services if:

15.3 Effect of Termination: Upon termination of the Contingency Fee Agreement:

15.4 Account Data: Upon termination, you may request a copy of your case file and portal data. We will retain records as required by applicable law and our data retention policies (see Privacy Policy for details).

15.5 Survival: Sections of these Terms that by their nature should survive termination will remain in effect, including confidentiality, limitation of liability, indemnification, intellectual property, and governing law provisions.

16.1 Good Faith Resolution: In the event of any dispute arising out of or relating to these Terms or the Contingency Fee Agreement, the parties agree to first attempt resolution through good faith negotiation for a period of thirty (30) days.

16.2 Mediation: If good faith negotiation fails, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator in the State of Florida. The costs of mediation shall be shared equally between the parties.

16.3 Binding Arbitration: If mediation fails to resolve the dispute within sixty (60) days, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.5 Small Claims Exception: Either party may bring an individual action in small claims court in the jurisdiction where the claim arose, provided the claim qualifies for small claims court jurisdiction.

16.6 Fee Disputes: Disputes specifically regarding our contingency fee calculation may be submitted to the Florida Bar's fee arbitration program as an alternative to the arbitration process described above.

16.7 Time Limitation: Any claim arising out of or relating to these Terms or our services must be brought within two (2) years of the date the claim accrues, or such claim shall be permanently barred.

17.1 Governing Law: These Terms of Service and the Contingency Fee Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Florida law governs all matters relating to surplus funds recovery under FL Statute 45.033, FL Statute 197.522, and FL Chapter 717.

17.2 Jurisdiction: Subject to the arbitration provisions in Section 16, you agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in the State of Florida. You consent to the personal jurisdiction of such courts.

17.3 Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

17.4 Entire Agreement: These Terms, together with the Contingency Fee Agreement and our Privacy Policy, constitute the entire agreement between you and PayHeld Recovery regarding the surplus recovery services described herein.

17.5 No Waiver: PayHeld Recovery's failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

17.6 Assignment: You may not assign these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

18.1 Right to Modify: PayHeld Recovery reserves the right to modify these Terms of Service at any time. Modifications may be necessary to reflect changes in our services, legal requirements, or business practices.

18.2 Notice of Changes: We will notify you of material changes to these Terms through:

18.3 Effective Date: Material changes will take effect thirty (30) days after notice is provided. Non-material changes (clarifications, formatting, typographical corrections) may take effect immediately.

18.4 Acceptance: Your continued use of our services after the effective date of modified Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you may terminate your engagement as described in Section 15.

18.5 Active Cases: If you have an active claim at the time of a material Terms change, the terms in effect at the time your Contingency Fee Agreement was signed shall continue to govern that specific engagement, unless you expressly agree to the updated Terms.

18.6 Version History: Previous versions of these Terms are available upon request. Contact recovery@payheld.com to request prior versions.

19.1 Florida Statutory Compliance: PayHeld Recovery operates in compliance with all applicable Florida statutes governing surplus funds recovery, including:

• FL Statute 45.032 — Disposition of surplus after foreclosure sale
• FL Statute 45.033 — Claims for surplus funds; fee limitations for third-party filers
• FL Statute 197.522 — Tax deed surplus fund procedures
• FL Chapter 717 — Florida Disposition of Unclaimed Property Act
• FL Statute 668.50 — Florida Uniform Electronic Transaction Act

19.2 Anti-Fraud Commitment: PayHeld Recovery is committed to preventing fraud in the surplus recovery process. We implement identity verification procedures, document authentication checks, and internal controls to ensure that surplus funds are disbursed only to rightful claimants.

19.3 Reporting Obligations: We comply with all applicable tax reporting requirements, including IRS reporting of payments made to claimants. We may also be required to report certain information to state agencies, courts, or law enforcement as required by law.

19.4 Data Protection: Our data protection practices comply with applicable federal and state privacy laws, including the Florida Information Protection Act (FIPA). See our Privacy Policy for complete details on how we collect, use, and protect your personal information.

19.5 Consumer Protection: PayHeld Recovery adheres to Florida's consumer protection laws, including the Florida Deceptive and Unfair Trade Practices Act (FL Statute 501.201 et seq.). We are committed to transparent, honest, and ethical business practices.

For questions about these Terms of Service or our recovery services, please contact us:

Recovery Services: recovery@payheld.com Legal Inquiries: legal@payheld.com General Support: support@payheld.com

Client Portal: recovery.payheld.com/portal

Mailing Address: PayHeld Recovery (a service of PayHeld, Inc.) Florida, United States

For urgent matters related to an active claim, please contact us through the client portal messaging system for the fastest response.

For complaints or concerns about our services, you may also contact the Florida Attorney General's Consumer Protection Division at (866) 966-7226 or myfloridalegal.com.