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.
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 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.
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!