Merchant Cash Advance Attorneys
Forbearance, Restructuring, Settlement, Litigation, & Bankruptcy
Debt Relief Attorneys
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Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Let Us Help You!
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Merchant Cash Advance Lawyers
- Is a Merchant Cash Advance (MCA) ruining your business cash flow?
- Have you tried to refinance a Merchant Cash Advance and were denied?
- Do you want to reduce your payments with our cash advance repayment options?
- Do you want to reduce the amount of the principal balance that you owe with our merchant cash advance settlement negotiations?
- Are you getting hounded by collection calls that you want us to take over on your behalf?
- Do you need help with a Merchant Cash Advance lawsuit or legal issues?
- Did you Personally Guarantee your advance or sign a Confession of Judgment?
- Are your accounts frozen or have liens been placed on your assets?
If you’ve answered “YES” to any of these questions, then our Merchant Cash Advance Relief Attorneys can help! Through negotiations, we can restructure your advance to make it more affordable or can offer a reduction of the principal balance owed through settlement negotiations and Merchant Cash Advance Debt Relief.
We Can Help You:
- Lower your assumed interest rates
- Lower your daily or weekly payments
- Convert from daily payments to weekly or monthly
- Extend your payback time frame
- Settle your Merchant Cash Advance for LESS THAN WHAT YOU OWE
- Avoid harassment from your creditors, their collectors, and/or their attorneys, saving you time and avoiding costly mistakes
- Save money or don’t pay our contingency fee!
Our Merchant Cash Advance Relief Lawyers help take back control of your 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 offer advice and help you to protect your assets from your creditors, thereby alleviating the worrying and stressing over 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. Our managing the collection efforts on your behalf helps to ensure the finances of your business stay private, away from the ears of your employees who typically will worry about their job security and may start to search for different employment if they believe you are struggling. We’ll send out a limited power of attorney notice to anyone trying to collect money from you to make sure that they contact our Law Firm instead of contacting your company. We will send notification of power of attorney to your actual MCA Purchaser, their collectors, their attorneys, and even the Marshall or Sheriff if they are now involved. It’s okay…we’ve got this!
Options for Dealing with Merchant Cash Advances
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
Merchant Cash Advance Debt Settlement
We can negotiate the principal balance owed to a lower payoff amount so you can literally pay back less than you owe.
We can defend you in court if you were sued to buy time and even to successfully defend a judgment from being entered if prove your MCA to be a loan rather than an actual advance.
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! (Continue reading below to learn how we can help).
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 Relief 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.
Our Lawyers Can Still Help Even if You Signed a Confession of Judgment
We have done so time and time again and have years of experience dealing with most Merchant Cash Advance Lenders. Don’t use trial and error trying to figure this out on your own with thousands of your dollars at stake when errors can cost you thousands of dollars! Allow our Merchant Cash Advance Debt Relief Attorneys and Certified Debt Arbitrators to negotiate on your behalf to save you as much time and money as possible – the right way!
Signed a Confession of Judgment (COJ) or a Personal Guarantee?
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!
DID YOUR CONTRACT HAVE CONTINGENCY PAYMENT CLAUSES?
A recent case decision on March 16, 2017 in the Supreme Court of New York in Nassau County, titled “IBIS Capital Group, LLC v. Four Paws Orlando LLC,” states, in summary, the fact that “payment or enforcement” of a Merchant Cash Advance agreement “rests upon a contingency” for the payment schedule (of the funds coming into the account), rather than a “true loan,” in which “it is essential to provide for repayment absolutely and at all events,” it is not actually a loan, and therefore, “is valid, even though it provides for a return in excess of the legal rate of interest. To read about this case click here.
A similar case “Platinum Rapid Funding Group Ltd. v VIP Limousine Services., Inc.” can be found here.
DID YOU SIGN A PERSONAL GUARANTEE?
In contrast, the New York Supreme Court of Westchester County decided “Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc.” on October 25, 2016. In this case, the defendant disputed the plaintiff’s MCA due to specific language that was missing in the contract – a non-recourse clause. A non-recourse clause, means the MCA have no recourse or no way to collect if the merchant account does not receive funds. With an added personal guarantee, it gave recourse to the MCA lender to collect, even if the merchant account was not performing, thus additionally reducing the MCA purchaser’s risk of not being repaid. The personal guaranty being a required condition of the MCA contract was one fact of this case which showed the need to repay the advance was undeniable. The repayment was not contingent upon funds coming into the merchant account, causing it to be a loan and therefore the rate charged, which was calculated to be roughly 180%, was in fact deemed usurious and thus the contract was voided. The case is further summarized here.
DID YOU SIGN A CONFESSION OF JUDGMENT?
A similar situation regarding further recourse to the Merchant Cash Advance purchaser came about in the case “Merchant Funding Services, LLC, v. Volunteer Pharmacy Inc.” which dealt with the signing of a Confession of Judgment (COJ) in the MCA contract. This COJ caused further recourse and hence, was deemed to be a loan rather than an actual advance, thus voiding the contract. You can further research this case here.
The above cases are essential reasons why hiring an experienced Merchant Cash Advance Debt Relief Law Firm may be the difference between you paying back thousands on MCA contracts or nothing at all on voided contracts!
Hire A Real Law Firm instead of 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!
Merchant Cash Advances and Filing Bankruptcy
Many 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. The advance company can enforce its claim on any collateral pledged to secure their funds – through seizure or repossession of business assets. If a business bankruptcy is filed, it needs to be considered if your business can still function and operate on a daily basis. Among many other factors to be discussed range anywhere from:
- What type of business you operate
- How the business entity was set up
- The assets of the business
- The accounts payable of the business
- The amount owed to MCA and other obligations
- Past, Current, & Future Cash Flow of the business
How Dramer Law Handles Our Business Debt Relief Cases
Read More by Expanding the Below:
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!
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.
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!
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!
The court proceedings were annulled, and agreeable working terms were consolidated with my creditors
I wouldn’t go anywhere else.
Very sharp and on point. Their price is very reasonable.
“Like most people bankruptcy never crossed our mind. My husband and I owed a lot of debt due to closing of our business, but we still tried to payoff debtors little by little. Until we got hit with a summons from the court ( for over 100K lawsuit). We research all over the internet and called many law firms and layers. Many of them ask what we want to do?.. We wouldn’t of call if we know what to do. And some offered hardship /debt relief or settle your debt for less.. no matter what you call it at the end you still have to pay the creditors, the debts collectors and the lawyer. In our case there is no way we can payoff everything. Many random phones calls later, we were fortunate to come acrossed Mike, he has explained to us bankruptcy doesn’t mean we will lose our house or car. As couple we are able keep certain amount of assets. We were also worried about our credit score, the bankruptcy record will stay in your record for 7 years ( our score were poor anyway). There aren’t that many reviews on the internet about them and like most people we’re not sure if we can trust them. Give Mike a call and a chance, his very sharp and on the point. Their price is very reasonable. Bankruptcy was the best choice we made and the cheapest way out. Now half year later we are debt free, no need to worry from phone calls from debts collectors. Get to keep our house and car, even our credit score went up. Don’t understand why we didn’t do it sooner I guess we were like a lot others going day by day try to be nice by paying off little by little. Thanks!” JC, Queens, NY. 7-7-2017
They were extremely professional and made the process easy
“The Law Offices of Kenneth H. Dramer P.C Attorneys at Law were efficient in handling by bankruptcy case. They were extremely professional and made the process easy! I highly recommend them.” – Jamie M. Seaford, NY 5-30-2017
They're highly recommended
It has been an absolute pleasure working with you
“I just wanted you to know it has been an absolute pleasure working with you. You never made me feel harried, pressured or overly anxious about paying off my bills. I wish everyone would be like that. Thank you again & i hope you don’t mind if i touch base with you the future, just to give you updates on how things are going. Be well.” Mary R. Bayshore, NY 4-30-2018
I would highly recommend Dramer Law for your debt settlement needs
“I would highly recommend Dramer Law for your debt settlement needs. A few years ago my husband and I had accrued entirely too much debt and no matter how hard we worked or how much we tried, we were unable to keep up with our bills and making the minimum payments was getting us nowhere. The best decision we could have made was to begin the debt settlement process. Most of the debt was in my name so I contacted Dramer Law . I have been extremely pleased with the efficient, attentive, reliable service provided by Michael Sininsky. I was initially hesitant to enter into any debt settlement program but now, without hesitation, I will say it was the best decision I could have made . From the initial consultation and throughout the entire process ,Michael patiently and fully explained everything. Any questions I had were addressed rapidly and any messages I left were returned promptly. I/we started out with $87,555.84 total debt and ended up paying back $26,020.71. That’s a savings of $61, 000.500 , or a 70% discount off our balances. I’m so happy we decided to go with Dramer Law and cannot thank Michael enough for all his hard work and professionalism. Any fees paid to Dramer Law were very fair and minimal compared to what I was paying to the credit card companies each month. Being debt free is such a relief- now we can move forward and put our money toward our kids college educations and save for our future.I am happy to recommend them and am so glad I contacted them a few years ago. Sincerely, Susan M.” Commack, NY 3-27-2018
We would highly recommend their services for debt reduction and settlement rate negotiations
Your promptness, efficiency, and trustworthiness have always been beyond my imagination.
“Thank you very much. Your promptness, efficiency, and trustworthiness have always been beyond my imagination. Perhaps I will be like that one day (in another life).” Peter L Valley Stream, NY 3-2-17
Thanks for being so helpful
Not only did you get me out of debt but you gave me a freedom that can’t be described.
Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!
“When I initially called, I spoke to Mike. I want to say, he immediately put my mind at ease. He explained your retainer fee; that costs for filing papers; phone calls, and other incidentals, would be deducted from that fee and, if any fees were due at the end of the process, I would be liable for those additional fees. Mike was able to work with me, keep me calm and focused, and I have gone from being in foreclosure to NOT being in foreclosure!! I’m so relieved. Mike spent time communicating with me either by e-mail or phone. He kept me up-to-date about the process of this whole mess I got myself into and he was truly a comfort to me these past few months. I hope other staff in your office are as efficient and compassionate as Mike is. He’s truly an asset to your business. Mike – Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!” – Susan F. Copaigue, NY. 6-13-16
I was very pleased…
I am very grateful….highly recommended
Very extremely effective in working with me to reduce my consumer debt
Excellent, excellent service. Highly recommended.
Please accept our gratitude for all your help
I’m very happy
“I think you and the company basically do a good job and I appreciate it. As I mentioned before the only thing is I’m interested to see when the payments I’ve made start showing up on my credit report as it’s still very low. Overall, though, I’m very happy.” Mike S. Baldwin, NY 8-3-15
I would highly recommend this firm to anyone going through financial difficulty and need good advice.
“I was so happy to have been represented by the law firm of Kenneth H. Dramer. They were so helpful at a very difficult financial time in my life. They advised me every step of the way through the difficult process of bankruptcy. If I had any questions or concerns they would answer any questions very quickly and patiently. I would highly recommend this firm to anyone going through financial difficulty and need good advise. ” Lillian L. Queens, NY 7-20-2015
I thank the company and Michael for giving me peace of mind at this point
Thank your law firm for helping us get out of debt and back on track
“To Whom It May Concern , We would like to thank Michael Sininsky and your law firm for helping us get out of debt and back on track . Michael was always professional and courteous as well as efficient . Any email or phone call was returned immediately with answers to each question or concern we had . We would like to say Michael Sininsky is an asset to your company . We were thankful that he had our account . Sincerely , Robert & Michele A. Whitestone, NY 5-25-2015”
I would like to express my gratitude
Thank you from the bottom of our hearts for all of your efforts in getting us through this!
“Dramer handled my case very professional. They were patient and very helpful with my case. Recommended!” Alex M. Floral Park, NY 12-24-14
Resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined
“I would like to open by saying how grateful I am to Michael Sininsky for helping me with my legal problem. I was beside myself when I spend a hit letter from an attorney who.informed me that I was in debt for a very large amount of money that was owed 15 years ago I thought the matter had been resolved through my divorce, but to.my dismay it wasn’t and had accrued an astronomical amount of late payments and finance charges, they froze our bank accounts , but through the expertise of Mr.Sininsky he resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined I recommend the Dramer Law firm highly and lifted a great deal of stress for us. sincerely Mr & Mrs. Vogel”, NY 12-15-14
We are so pleased with the results.I know we could not have been successful without their help
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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