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San Jose MCA Defense Lawyers Business Debt Relief

February 24, 202411 min read

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

 

San Jose MCA Business Debt Relief: Options to Resolve Merchant Cash Advance Debt

Running a small business is extremely difficult, especially when cash flow issues arise. Many business owners in San Jose have turned to merchant cash advances (MCAs) as a quick financing option when traditional loans were unavailable. However, MCAs can quickly spiral out of control if the business cannot keep up with the daily or weekly repayment terms.If you are a San Jose business owner struggling with high-interest MCA debt, there are solutions available to help relieve the financial pressure. This article will provide an overview of MCAs, the downsides of these financing vehicles, and legitimate options in the San Jose area to resolve MCA debts in a strategic manner.

What is a Merchant Cash Advance?

A merchant cash advance provides a lump sum of capital to a business in exchange for a percentage of future credit card sales over a defined period of time. It is not technically considered a loan, so MCA companies can bypass state usury laws and charge higher interest rates.Here’s a quick rundown of how merchant cash advances work:

  • Easy Approval: Since MCAs are not loans, eligibility depends more on credit card sales volume rather than credit scores or financial statements. Companies with 6+ months of operations often qualify.
  • Fast Funding: Businesses can receive the lump sum deposit in as little as 24-48 hours.
  • Fixed Daily/Weekly Payments: The business agrees to pay a fixed percentage of daily or weekly credit card sales to the MCA company until the balance reaches the repayment amount, which includes the original advance plus added fees and interest equivalent to an APR exceeding 100%.
  • Repayment Via Credit Card Batch-Out: MCA companies gain access to process credit card transaction batches directly, withdrawing the fixed percentage automatically. This allows them to get paid first before the business.
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As you can see, the repayment process poses some major downsides, which we’ll explore next.

The Downsides of Merchant Cash Advances

While MCAs provide quick financing for struggling businesses, they come at an extremely high long term cost. Here are some of the main pitfalls and risks of agreeing to merchant cash advance terms:1. Deceptively High Interest RatesThe equivalent APR of an MCA easily exceeds 100%+ due to the fees and short repayment term. However, MCA companies can skirt usury laws because these products do not fall under the definition of a “loan”. Make sure you understand the true cost by calculating the factor rate and annualized rate disclosed.2. Daily/Weekly Payments Lead to Cash Flow ChallengesThe fixed daily or weekly payments make it very difficult to catch up once a business encounters any type of slowdown. One bad week can put you instantly behind. Before you know it, the MCA balance can end up higher than the original starting amount due to compounding interest and fees.3. Personal Guarantees and Cross-CollateralizationMost MCA contracts contain personal guarantees requiring the business owner to be personally responsible for the debt. The agreements also include cross-collateralization clauses, allowing the MCA company to access your personal accounts if the business defaults.4. Prepayment PenaltiesTrying to pay off the MCA early typically incurs hefty prepayment penalties to the tune of 6 months worth of interest or more. The companies use this as a deterrent to prevent early payoff.**5. Difficulty Securing Future Financing **Defaulting on an MCA can get reported to reporting agencies like Cortera and Equifax, making it much harder to secure loans and additional funding later on.6. Potential Lawsuits & Account FreezesOnce a business defaults, the MCA company can freeze the merchant processing account and sue the owners personally for the remaining balance. This stressful legal process drains time and resources away from operating the business.So in summary, while MCAs seem enticing because they provide quick financing without requiring perfect credit or collateral, the extremely high cost of capital makes them very risky for the business owner.

See also  Los Angeles Merchant Cash Advance Lawyers and Business Debt Relief

Legitimate MCA Debt Relief Options for San Jose Businesses

If you are a business owner in the San Jose area struggling with MCA debts, rest assured there are legitimate options to resolve this debt in an affordable manner. Here are a few reputable MCA debt relief solutions to consider:

1. MCA Debt Restructuring Programs

The safest approach is to work with a company that can negotiate new repayment terms on your behalf directly with the MCA providers. These programs aim to reduce the daily/weekly payments to affordable levels the business can manage without further borrowing.The benefits include:

  • Lower, consistent payments (usually converted to monthly)
  • Payments stretch out over longer period (3-5 years)
  • Interest/fees waived in negotiated settlement
  • Only one payment instead of multiple MCAs
  • Much less risk than default/settlement path

This significantly improves cash flow while ensuring continued operations. MCA lenders are generally receptive to restructuring programs since they ultimately want to get paid back without forcing the business to close down.Second Wind Consultants is a reputable Bay Area company that can facilitate MCA restructuring at no upfront cost. The restructuring fees get built into the new negotiated repayment terms.

2. MCA Debt Settlement

Debt settlement is a more aggressive approach that aims to resolve MCA debts for less than the full balance. A settlement occurs when the creditor agrees to accept a discounted lump sum payment to call the debt “paid in full”.The process generally involves:

  • Stopping payments and going into default
  • Allowing debt to be delinquent for 6+ months
  • Debt relief company negotiates discounted settlement offer
  • Lump sum settlement payment completes process

This route is riskier since your accounts will be frozen while negotiating settlements in default. However, it could make sense if you have no choice but to close down the business. Just make sure to work with an experienced settlement firm such as Delancey Street to increase success rates.

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3. Chapter 7 & Chapter 11 Bankruptcy

As a last resort, business owners can pursue business bankruptcy protection under Chapter 7 liquidation or Chapter 11 reorganization. This allows you to discharge qualifying business debts while retaining necessary assets. With Chapter 11, you can continue operating the business on a payment plan.However, bankruptcy also comes with major damage to your personal credit standing that can last for years. Business owners should view this as an absolute final option after exhausting other settlement/restructuring avenues.

Beware of MCA Relief Scams

While legitimate options exist to resolve MCA debts, business owners need to watch out for predatory companies falsely claiming to offer relief services. Here are some warning signs of MCA relief scams:🚩 Charges large upfront fees before settling/restructuring any debts🚩 Makes unrealistic promises to “eliminate” all MCA debts🚩 Pressures you to take out new MCA just to pay old ones🚩 Lists virtual addresses or disconnected phone numbers🚩 Claims “special relationships” with MCA companiesAs the old saying goes, if it sounds too good to be true, it probably is. Make sure to vet any MCA relief company thoroughly before paying fees or signing contracts.

Questions to Ask Potential MCA Relief Companies

If you decide to work with an MCA relief company, here are some key questions to ask upfront:

  • What is your exact process to resolve my MCA debts? Get specifics on whether they restructure, settle, or consolidate.
  • What are your total fees and when are they due? No legitimate firm should ask for everything upfront. Fees should be contingent on success.
  • Can you provide references from past clients? Ask for 3-5 businesses they have helped with a similar MCA situation to yours. Verify their experience.
  • Will my credit rating or future access to financing be impacted? Settlement/restructuring won’t necessarily affect your score but defaults might.
  • How quickly can you resolve my debts? Timeframe can indicate what strategy makes most sense. Settlement takes many months.
  • Can I get out of the program at any time? Make sure contract terms are favorable in case you change your mind or sell the business.

By asking the right questions upfront, you can avoid frustration down the line and pick the relief option best aligned to your small business situation.

Closing Thoughts on San Jose MCA Relief

As a San Jose business owner, do not wait until MCA debts push you to the brink of bankruptcy. Be proactive and explore legitimate relief solutions that can resolve your debts in an affordable manner, avoid account freezes, and help move your business back towards financial stability.

 

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

 

 

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