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My agency puts it towards another referral, minus any court costs already paid. We had not even entered FC before we lost our referral so we weren't out any of the money that we had already sent.
If this isn't clearly spelled out in your contract, I would ask to make sure that you get it in writing. It's a LOT of money and I wouldn't be comfortable unless my agency was willing to explicitly spell out what happens in worst case scenario. Just my .02.
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