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New York City MCA Defense Lawyers Business Debt Relief

February 24, 202413 min read

IF YOU’RE LOOKING FOR A BUSINESS DEBT SETTLEMENT COMPANY, VISIT DELANCEY STREET. CLICK HERE NOW.

 

New York City MCA Defense Lawyers Business Debt Relief

If you run a small business in New York City and have merchant cash advance (MCA) debt, you may be feeling overwhelmed and unsure where to turn. MCA loans can seem like easy money at first, but their high rates and aggressive collection tactics can quickly become a nightmare for business owners.The good news is there are experienced attorneys in New York who understand the MCA industry and how to defend business owners from harassment, lawsuits, and other collection efforts from MCA lenders. With the right legal advice and debt relief assistance, you can take control of your situation.

How We Can Help With MCA Debt

Our firm helps New York City business owners who have fallen behind on their merchant cash advance payments. We are not a law firm, but we work closely with attorneys who specialize in this area and can provide legal defense as part of our comprehensive debt relief services.Specifically, we assist with:

  • Negotiating settlements and payment plans with MCA lenders
  • Defending against lawsuits and aggressive collection efforts
  • Structuring new financing to pay off MCA debt
  • Improving cash flow to resume making payments
  • Avoiding bank levies and wage garnishments
  • Protecting your business assets

Our dedicated debt relief experts have years of experience dealing with MCA lenders. We take an empathetic, customized approach to assess your situation and match you with the best attorneys and strategies to find a resolution.

The Problem With Merchant Cash Advances

A merchant cash advance provides a business with a lump sum of capital in exchange for a percentage of future credit card sales. It seems fast and convenient at first. You get an influx of cash without having to qualify for a bank loan.But MCA loans carry sky-high effective interest rates, often over 100% APR when fees are factored in. And the terms are complex, with long contracts and daily repayments that drain cash flow.Within months, many businesses fall behind on payments. That’s when the aggressive collection efforts kick in, with harassing calls, lawsuits, attempts to freeze bank accounts, and threats to contact customers or vendors.The results can be devastating – lawsuits, bank levies, destroyed credit, closed businesses, and even bankruptcy.

See also  Atlanta MCA Defense Lawyers Business Debt Relief

Legal Protections Against MCA Lenders

The good news is there are legal protections you can assert against unscrupulous MCA lenders:

  • Usury laws – Even though MCAs claim they are not loans, courts often find their structure violates state laws against outrageously high interest rates. This can invalidate the contract.
  • Deceptive practices – MCA contracts frequently obscure key terms related to rates, fees, and repayment processes. This may provide a legal defense.
  • Unconscionability – If an MCA agreement is grossly unfair or one-sided, courts can rule it unenforceable. This depends on specifics of each case.
  • Harassment – It’s illegal for collectors to repeatedly call at inappropriate hours, use threats or intimidation, contact third parties, or make false statements.

With an experienced attorney, you may be able to assert one or more of these protections to fight an MCA lawsuit, negotiate a settlement, or even get the contract invalidated.

Our Attorneys Can Help You Get MCA Debt Relief

The attorneys we work with have successfully defended dozens of New York City business owners from MCA lenders and understand the tactics they use.They can help you:

  • Negotiate Settlements – Our lawyers are experienced negotiators. In many cases, we can convince the MCA lender to agree to a lump-sum settlement or payment plan at a significant discount from what you owe. This avoids a lengthy legal battle.
  • Defend Against Lawsuits – If sued by an MCA lender, our attorneys aggressively defend clients by asserting usury violations, unconscionability, and other protections. We fight bank levies, wage garnishments and other collection efforts.
  • Restructure Finances – We work with our network of ethical lenders to help clients obtain affordable financing to pay off MCA debt under much more reasonable long-term payment arrangements. This improves cash flow.
  • Declare Bankruptcy – As a last resort if settlements fail and lawsuits become overwhelming, our lawyers guide clients through business bankruptcy filings to discharge MCA debt and get a fresh start.

Why Work With Our MCA Debt Relief Team?

  • We understand MCAs – Our firm works with MCA cases every day. We understand their contracts inside and out and know all the pressure tactics they use against business owners. You need a specialist to go up against them.
  • Individualized approach – We take time to understand each client’s unique situation and financials. Then we develop a customized action plan using the best mix of debt relief strategies and legal defenses.
  • We simplify everything – Dealing with MCA debt is confusing with lots of moving parts. We handle everything for you – communicating with lenders, working with attorneys, structuring new financing. All you do is sign off on agreements.
  • Results focused – Our entire purpose is getting clients the best possible debt relief outcome so they can save their business. We have the experience and legal firepower to make that happen.
See also  Arizona MCA Defense Lawyers Business Debt Relief

If you have merchant cash advance debt in New York City and need legal help, give our office a call at 212-210-1851 for a free consultation. Our team is standing by ready to answer your questions. We will assess your situation, match you with top attorneys, and fight to get you the relief you deserve.

Frequently Asked Questions

Here are answers to some of the common questions we receive about merchant cash advances and business debt relief:What are some warning signs I may have an abusive MCA contract?

  • Extremely high effective interest rate over 100% APR
  • Very short 2-3 page agreement with key terms hidden
  • Requires daily repayments through credit card batch payments
  • Allows lender to debit business bank accounts at will
  • Contains language to convert future receipts into liens against assets
  • Mandatory arbitration clause and class action waiver

What makes MCA debt relief different than other types of business debt?MCA loans have unique structures that traditional bankruptcy attorneys and debt settlement companies don’t fully grasp. Key differences include:

  • They circumvent state usury caps by using complex fee structures
  • Contracts turn future receipts into potential liens against assets
  • Daily repayment process destroys cash flow
  • Easy for lenders to empty bank accounts and freeze assets

It takes specialists with deep MCA experience to effectively counter their tactics.What can I expect if I stop making payments on my merchant cash advance?MCA lenders rely on intimidation to keep borrowers paying. If you default, expect them to:

  • Call constantly including early/late hours
  • Threaten lawsuits and bank levies
  • Spread lies to customers about your business
  • Put liens on business assets
  • Report you to credit agencies
  • Freeze accounts using obscure UCC filings

This is why it’s so important to have legal help responding to their harassment.What should I do if served with an MCA lawsuit?
You only have around 30 days to respond once served, so immediate legal help is critical. An attorney can review defenses related to usury violations, unconscionability, and deceptive practices. In many cases, countersuits can also be filed alleging collector wrongdoing.Can I negotiate an MCA settlement on my own without legal help?Lenders will pretend to negotiate but rarely offer reasonable settlements to pro se defendants. Having expert legal counsel levels the playing field and shows them you are serious. In most cases, attorneys can secure much larger discounts and better terms than individuals negotiating alone.How much do MCA defense attorneys typically cost?Our partner attorneys generally work on a contingency basis, meaning legal fees are only paid if/when debt relief is secured for you. Fees range from 20% to 30% of savings/settlement amounts. So services pay for themselves through the positive results achieved. Retainers may be required upfront for extensive litigation.

See also  Alabama MCA Defense Lawyers Business Debt Relief

About Delancey Street Associates

Delancey Street Associates is a premier business debt relief and financial advisory firm helping small companies across America. Founded in 2005, our mission is providing struggling business owners with the expertise and leverage needed to resolve debt, improve cash flow, and save their companies.Our team includes:

  • Business financing experts – We maintain relationships with hundreds of cash flow lenders, commercial banks, factors, and investors to secure emergency funding, growth capital and refinancing for our clients.
  • CPAs and financial analysts – Our accounting team reviews clients’ financial statements and designs strategies to improve profits, reduce expenses, and resume loan payments.
  • Debt negotiators – Experienced and aggressive deal-makers work directly with creditors to settle debt obligations. This includes credit cards, lines of credit, private loans, and business equipment leases.
  • Bankruptcy attorneys – As members of the National Association of Consumer Bankruptcy Attorneys, our lawyers handle both personal and business bankruptcy cases to discharge unmanageable debt.

Over the past 15+ years, we’ve negotiated over $350 million in debt relief for small businesses nationwide while saving thousands of jobs. Our firm maintains dedicated staff in Los Angeles, New York, Dallas, Chicago, and Atlanta. However, we provide assistance to companies across all 50 states.

Contact Our NYC MCA Debt Specialists

If you need legal help defending against an MCA lender, give our New York office a call today at 212-210-1851 for a free consultation or visit https://www.delanceystreet.com to learn more. We will immediately review your situation, answer all questions, and connect you with our network of defense attorneys.Our entire team looks forward to providing the expertise and leverage needed to resolve your merchant cash advance debt, defend your business, and get you back on the path to financial stability. Call now – help is just a phone call away!

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