Hawaii Merchant Cash Advance Attorneys
MCA Lawyers Protecting Business Owners in Hawaii
Forbearance, Restructuring, Settlement, Litigation, & Bankruptcy
Business Services
Forbearance Agreements
Debt Restructuring
Debt Settlement
Lawsuit Litigation
Business Bankruptcy
Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Let Us Help You!
Get Your Free Consultation
Hawaii Merchant Cash Advance Lawyers
- Is a Merchant Cash Advance (MCA) ruining your business cash flow?
- Were you lied to by a broker?
- Have you tried to refinance an MCA and were denied?
- Did you sign a Personal Guarantee?
- Do you want us to take over the calls from collectors?
- Are you looking for repayment options to help reduce your payments?
- Are you seeking settlement negotiations to reduce your principal balance?
- Are your accounts frozen due to a Merchant Cash Advance lawsuit or Confession of Judgment?
- Have UCC liens been sent to your customers or payment processors?
If you’ve answered “YES” to any of these questions, our Merchant Cash Advance Relief Attorneys can help! Through negotiations, we can restructure your advance to make it more affordable or offer a reduction of the principal balance owed through settlement negotiations and Merchant Cash Advance Debt Relief. We can defend you in court and even help with bankruptcy as a last resort. One way or another, we can help.
We Can Help You:
- Lower your payments
- Convert payments from daily to weekly or monthly
- Extend the time to repay your advance
- Settle your Merchant Cash Advance for Less Than What You Owe
- Avoid harassment from funders, collectors, & collection attorneys
- Defend Lawsuits
- Even File Bankruptcy as a Last Resort
- Renegotiate better terms on your MCAs or don’t pay our success fees!
Our MCA Lawyers Help Improve Cash Flow and Your Business!
Our business debt attorneys and arbitrators have successfully worked with many struggling business owners who weren’t able to qualify for traditional bank funding who were then forced to pledge future receivables to one or more Merchant Cash Advance companies for the capital they needed. Business owners like yourself caught in high-cost Merchant Cash Advance traps.
We can help protect your assets from your creditors, so you don’t worry about frozen accounts or assets.
In addition to potentially saving you money, retaining Dramer Law will save you time as we relieve you of the harassing and embarrassing collection calls you and your employees may get barraged with on a daily basis. We help ensure the finances of your business stay private, away from the ears of your employees. We’ll send notice of our limited power of attorney to anyone trying to collect money from you to tell them to contact our Law Firm instead of contacting your company.
Options for Dealing with Merchant Cash Advances (MCAs)
The below options each have their own benefits and drawbacks. Please call for your free consultation to speak to one of our trained professionals.
Deferment or Forbearance of Payments
Restructuring
Merchant Cash Advance Debt Settlement
We can negotiate the principal balance owed to a lower payoff amount so you can pay back less than you owe.
Lawsuit Defense
We can defend lawsuits to buy time for you to obtain funds to settle, and have successfully resolved thousands of lawsuits.
Sue Your MCA Company
A True Merchant Cash Advance is NOT a loan. An Experienced Business Debt Relief Attorney Can Spot the Difference and Sue your MCA Lender for YOU to Void Your Contract!
Bankruptcy
Merchant Cash Advances can be discharged through bankruptcy. Whether or not the bankruptcy is filed personally or for your business will determine the result of how the discharge will affect your liability.
View Results from Our Merchant Cash Advance Settlement Services.
All settlements are represented as a percentage of the debt paid back.
For example, a 40% settlement means that 40% of the debt is paid back and 60% is forgiven.
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UCC Liens Filed Against Your Business?
If you took out a Merchant Cash Advance of any other business loan or line of credit, you have signed away UCC Lien rights to your funder. UCC stands for Uniform Commercial Code, and these types of liens can be more detrimental to your business than a Judgment. A judgment will allow your funder to freeze your bank accounts, whereas a UCC lien will allow your funder to freeze your receivables – BEFORE THE FUNDS EVER MAKE IT TO YOUR BANK ACCOUNT! A judgment (whether entered by COJ, default, or awarded by a judge decision) can be used to freeze your incoming receivables, however, most funders do not use judgments to freeze receivables but file UCC liens instead as it is a much quicker, more effective tool!
At the time of underwriting or any time since then, if you have provided your funder with the following:
- a customer list;
- trade references (of which some are your customers);
- bank statements (they will look through your statements to see who pays you); or
- access to your bank account (they will look through your account to see who pays you),
You can assume that within a day or two of filing a UCC lien against you, your funders will send a copy of the UCC lien to anyone they know of that pays you!
These liens will be sent to your merchant processors (credit card terminal, Square, PayPal, Shopify, Stripe, CashApp, Zelle, Venmo, etc.) and any of your customers they know of! This means your customers may receive a letter telling them not to pay you – and to pay your funder instead!!! Not only is that extremely embarrassing, but how will you continue to run your business without any money coming in? Many of your customers who receive notice of the UCC Lien filed against you may see that as a sign of weakness and don’t want to deal with your legal issues, and some may choose to do business elsewhere, causing you to lose customers. UCC liens are the most frequent issue we hear about from those contacting our Law Firm for help after defaulting on their payment obligations.
Signed a Confession of Judgment
A Confession of Judgment (COJ) is a legal document that waives your right to a formal legal defense in the event you default on your MCAs payments. In the past, many MCAs used to enforce COJs in New York state, but in 2019, New York banned COJs when lending to out-of-state business owners. This means in Hawaii, MCAs lenders cannot file a New York COJ against you, so instead, MCAs have started filing COJs in other states like Texas, Illinois, Utah, and a few others. Most Merchant Advance lenders still file regular lawsuits to try to obtain a judgment – and we can defend lawsuits!
If an MCA is Suing You in Hawaii…
We have years of experience dealing with most Merchant Cash Advance Lenders and have helped countless business owners sued by MCA funders. Don’t use trial and error to figure this out on your own with thousands of dollars at stake when errors can be costly! We know what we’re doing. Let our Merchant Cash Advance Debt Relief Attorneys and Certified Debt Arbitrators defend you or negotiate on your behalf to save you as much time and money as possible – the right way!
Is MCA Lender Trying to Domesticate a Judgment in Hawaii?
Domesticating a judgment is the process of taking a judgment obtained in one state and bringing it to a different state. This is done to enforce a judgment if assets are located in a state other than where the judgment was originally obtained. This is happening more often in Hawaii since the MCA industry has grown significantly in recent years, leading to more defaults and legal disputes between business owners and the Merchant Cash Lenders. As a result, MCA companies are becoming more aggressive in pursuing judgments against borrowers who default on their MCA agreements – BUT WE CAN HELP!
Our Law Firm is Known for Helping Business Owners With This Niche Area of MCA Law (see below)

Most Debt Settlement Companies Do NOT Discuss the Risks of Lawsuits and UCC Liens
Debt settlement companies typically do not discuss any downsides of settling your Merchant Cash Advance obligations. Settlement companies will harp mainly on the amount of money you should expect to save and that they will cut your payments in half. They will tell you that you only have to make one payment into an escrow account and they’ll settle your balances for less – making MCA debt settlement seem like a walk in the park. They are known to misrepresent their tremendous upfront fees or for just telling you not to worry about the fees because they’re all included in the monthly payment estimates. These estimates they will give you are known for setting unrealistic expectations as they will make your potential savings out to be more significant than what their actual results tend to yield. All this just to get you to sign on the dotted line. Many business owners are struggling so badly that they will believe any promises of help for a way out and end up hiring a debt settlement companies. The next thing you know, bank accounts and incoming receivables are all frozen leaving the business owner without funds to operate. When the business owners call to find out what is going on, they quickly find out that no progress has been made! It is at this time they will realize the debt settlement company is not looking out for your best interest, but instead, their own best interest which is to collect their absorbent fees. At that point, the business owners then fire the debt settlement company and hire us for real help. The problem is, you will NOT receive a refund of any fees paid to the debt settlement company and your business is now far worse off than it was! Not only did you waste money in fees to the settlement company, but your funders have now all assessed extra fees per their contract which typically include:
- insufficient fund fees (typically $35 per occurrence)
- stop payment fees (typically $500 – $5,000)
- fees for changing bank & merchant accounts (typically $100 – $2,500)
- default fees (typically $2,500 – $5,000)
- 3rd party interference fees (typically $2,500 – $5,000)
DON’T FALL THE FOR DEBT SETTLEMENT LIES. Debt Settlement can be a great option for some business owners, but for others it can be horrible! Without truly understanding the risks, how can you make an educated decision as to whether or not debt settlement is going to be right for your business?
At The Dramer Law Firm, our fees are about 1/3 of what most debt settlement companies charge and we only charge a very minimal amount upfront (most of our fees come when we succeed)!
Our lawyers and certified debt arbitrators will discuss the Pros AND Cons of each different option, as debt settlement isn’t the only option out there to choose from.
Hire A Real Law Firm not a Debt Relief Company
If instead of hiring an experienced Business Debt Relief Law Firm you opt to hire a regular debt settlement company to deal with your Merchant Cash Advance, they will NOT be able to give you legal advice. If they do provide legal advice, they are doing so illegally, and it may not be accurate! If sued, they will NOT be there for you as they can NOT represent you in court like we have done for our clients numerous times!
A regular debt settlement company can offer one thing that our Debt Relief Attorneys don’t… OUTRAGEOUS FEES typically charged upfront regardless if they perform or not.
INSTEAD OF PUTTING YOUR TRUST IN A DEBT SETTLEMENT COMPANY HIRE OUR LAW FIRM!
IF WE DON’T SAVE YOU MONEY WE DON’T CHARGE YOU OUR CONTINGENCY FEE!
That is our one and only goal when we go to work for you – TO SAVE YOU AS MUCH MONEY AS POSSIBLE! Our MCA Settlement Attorneys and debt relief negotiators have combined decades of experience in contract renegotiation. We know what to say but more importantly, what NOT to say and we have the experience and know-how to get the job done.
Put our experienced Merchant Cash Advance Settlement Attorneys to work for you. CALL TODAY for your FREE CONSULTATION and let us help you save your business today!
How To Spot The Difference Between a Loan and Merchant Cash Advance
Merchant Cash Advances came about during the 2008 lending crisis when banks were refusing to lend to most small businesses. Instead of lending an amount of money over a period, a Merchant Cash Advance company will purchase your company’s future receivables coming into your merchant account. The key to understanding how to litigate these cases is knowing where an MCA differs from traditional loans and credit lines, defined by the risk involved by the purchasing company.
Loans are considered absolute and must be paid back with set terms and conditions. A Merchant Cash Advance is not a set term as the purchaser is paid back as funds come into your merchant account. If funds do not come into your merchant account, the MCA company should not collect. Granted, they have specific clauses in their agreements to protect themselves from you closing your merchant account purposely to avoid paying, but if it’s open and just not receiving funds, nothing should be paid to them if it is a true MCA.
In summary, a Merchant Cash Advance company does not lend and charge interest – but instead purchases your future receivables. By doing so, the MCA purchaser is taking the risk that your business may potentially not have any future receivables. Their profit or loss derives from future receivables whereas a loan company profits on the interest rate. MCAs and Loans also differ in that loan payments need to be paid regardless of receivables coming into your account. In the case of some Merchant Cash Advances, the profit made by the MCA purchaser can range from 100% to 200% or even higher, which would undoubtedly be usurious by most states standards if it were deemed to be a loan.
Adequately drafted contracts allow future purchasing Merchant Cash Advance companies to get away with outlandish profit – but fortunately for YOU, most MCA purchasers do not have their contracts appropriately drafted!
Merchant Cash Advances and Brokers
The funders that gave you their money do want to make an obscene profit over a very short period of time, but to do so, you have to pay back the money you owe so funders will not typically set you up to fail – but instead, will set you up to struggle. Funders will typically give you just as much as you can handle so you constantly struggle to keep your head above water. By causing you to struggle consistently, it creates the need for refinancing and repeat funding, which means even more profit for your funders over the long haul.
The brokers, on the other hand, work on commission and are not the ones lending you the money – so they do not care if you pay all the money back or not! Most times brokers are involved, we see business owners stacked with more advances than they can handle as the brokers will often set business owners up to fail. Brokers will typically fund your business with many different funders and often times arrange for simultaneous funding. If you fail to pay back the borrowed funds – or if your business fails – THE BROKERS DO NOT CARE as long as they receive their commission check! The brokers are known to lie about almost anything just to close a deal! The most common lie we hear is “the MCA is temporary and once you pay for a month, we’ll have you out of that and into a traditional loan” – the loan of course never comes through and your MCA payments are going to be more than you can handle! Brokers are known to coach you into giving specific answers on your calls with the actual funders. Through our MCA Lawsuit Defense and Commercial Litigation Defense services, we have held the brokers accountable for their misrepresentations by filing third party complaints against the brokers and counterclaims against the funders.
CALL NOW FOR YOUR FREE CONSULTATION
Your Merchant Advance is Most Likely Personally Guaranteed
Our clients are often unaware of the full extent of their personal liability when obtaining a merchant cash advance, as most MCAs require personal guarantees. At our law firm, we specialize in assisting business owners to defend against merchant cash advance claims, and we understand the importance of resolving these matters the right way to also resolve the personal guarantees. Whether it’s negotiating a settlement, litigating the matter in court, or even filing bankruptcy as a last resort, we are dedicated to protecting our clients’ rights and dealing with all aspects of merchant cash advance defense.
Merchant Cash Advances and Filing Bankruptcy
Most MCAs have personal guarantees which lead many business owners with little personal assets to file for personal bankruptcy. If you are a business owner and want to file for personal bankruptcy, your obligation to pay back the advance will be discharged; however, the liability for the business remains – and vice versa. If a business bankruptcy is filed, it will not affect your personal liability to pay back the obligation. We can file personal bankruptcy (Chapter 7 and 13) and we can file corporate bankruptcy (chapter 7 and 11 including Sub-chapter V).
How Dramer Law Handles Our Business Debt Relief Cases
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Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each problem we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your creditors, debt-collectors, or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We are Incentivized to Perform
Our mortgage negotiation services are offered a fee structure as such that you pay part of the fee when retaining our firm and part of the fee only if we’re successful. The success fee helps ensure we are incentivized, so you’ll know we have your best interests in mind. We don’t benefit from getting you to hire our law firm, but instead, we benefit when we get the job done for you. You pay for our performance – and that’s what we do – we perform! We never agree to anything without first consulting with you and getting your approval. It is your debt and your money, so you have the final say in all of our negotiations
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with a deed in lieu of foreclosure, the more fees your lender will charge. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Are you looking for professional advice?
Let Us Help You!
At The Law Offices of Kenneth H Dramer PC, before we make any recommendations, our debt lawyers, certified debt relief specialists, and paralegals are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. CALL NOW FOR A FREE CONSULTATION and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
One way or another, we can help!
Why Choose Dramer Law for Your Business Debt Relief Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family. You should never settle for less when trying to settle for less!
Lower Fees
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees making our services affordable for anyone that needs help. Unless your case involves one of our attorneys having to go to court, our negotiation service fees are flat fee based not charged hourly.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Our Reputation
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Other Services
Many times, when we successfully get our clients out of debt, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Mortgage Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
Client Testimonials
Getting Started is Easy…
Call Now for Your Free Consultation
Call today for your free consultation with an experienced member of our team who will ask the right questions to determine the best course of action. They will go over each option that will make sense for your situation and will be sure to discuss in detail the pros and cons of each.
See How Much Money We Can Save You
Each option will have its own savings potential. Keep in mind the greater the downsides a choice may have the greater the potential for savings. Our debt relief representatives will be sure you understand the cost benefits and will be sure to disclose our fees fully.
Retain Our Law Firm and Let the Savings Begin
Once retained, we waste no time in taking action. We will work quickly and efficiently to bring a successful resolution to your situation. You will be assigned a specific member of our team that will be in constant contact with you throughout the process.
You have nothing to lose except for your debt!
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