Merchant Cash Advance Attorneys
MCA Lawyers Based in NY Offering Services Nationwide
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.
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Merchant Cash Advance Lawyers
- Is a Merchant Cash Advance (MCA) ruining your business cash flow?
- Have you tried to refinance an MCA 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 MCA 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 (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
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 Help Whether or Not You Signed a Confession of Judgment
The laws regarding the filing of Confession of Judgments (COJ) in New York have recently changed. If you are an out of state business owner, a confession of judgment can no longer be filed against you in the state of NY. The changes to the NY law are a major win for business owners outside of NY, however, the law does not effect those living in NY as, COJ’s can still be filed against NY residents. It is important to take note that the COJ laws have not changed in any other states – only in NY – so COJs can still be filed against you outside of New York. Most MCAs have turned to other states like Pennsylvania, Illinois, & Utah to file their COJs, and these states have seen an increase in COJ filings ever since the NY laws have changed.
There have been an increased number of lawsuits filed in New York since the COJ ban has gone into place which is a great thing, as lawsuits can be defended, and doing so will buy you much needed time to either work out a payment arrangement or a discounted settlement payoff. If you do not have funds for either a payment plan or settlement, fighting the lawsuit will buy you time and can even prevent a judgment from being entered against you and your business altogether.
Lawsuits are especially great if you used a broker to obtain funding. Here’s why:
- 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.
Whether or not a broker was involved, we have helped countless business owners that were sued traditionally or have signed COJs. We 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 be costly! Let our Merchant Cash Advance Debt Relief Attorneys to defend you or for our Certified Debt Arbitrators to negotiate on your behalf to save you as much time and money as possible – the right way!
Our Law Firm is Known for Helping Business Owners With This Niche Area of Law (see below)
Signed a Confession of Judgment (COJ) or Being Sued For Your 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!
UCC Liens Filed Against Your Business?
If you took out a Merchant Cash Advance of any other business loan or line of credit, then 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 Judgments and COJs. A COJ 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 INTO YOUR BANK ACCOUNT! It is true that a judgment (whether entered by COJ, default, or awarded) can also be used to freeze your incoming receivables, however, most funders do not use judgments to freeze receivables (especially now that COJs in NY are banned against out of state business owners) so filing a UCC lien is a much quicker tool!
At the time of underwriting or any time since then, if you have provided your funder with:
- a customer list;
- trade references (of which some are your customers);
- bank statements (they will looks through your statements to see who pays you); or
- access to your bank account (they will looks through your account to see who pays you),
then 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, etc.) as well as any of your customers that pay you! This means your customers will receive a letter telling them not to pay you – but to pay your funder instead!!! Not only is that extremely embarrassing, but without any money coming in, how will you continue to run your business? Many of your customers that receive notice of the UCC Lien filed against you may see that as a sign of weakness and may also choose to do business elsewhere so it can cause problems in more ways than one. UCC liens are by far the most frequent issue we hear about from those first contacting our Law Firm for help after having defaulted on their payment obligations.
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.
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.