Are you a business owner who is overwhelmed by merchant…
Dallas MCA Defense Lawyers Business Debt Relief
We Are DelanceyStreet.com, a top tier business debt relief company based out of NYC, that helps clients nationwide. We understand that merchant cash advances, also known as MCAs, can feel overwhelming. Our goal is to give you a clearer path to financial stability and peace of mind.
WHAT IS A MERCHANT CASH ADVANCE?
A merchant cash advance is a type of funding that was created for businesses who need quick funds. It involves the lender taking a % of your daily or weekly credit card sales. That can lead to a never-ending repayment cycle. When payments become too much, you might face legal pressure or even lawsuits because you’re unable to keep up with payments – and the lender thinks you’re about to default. That can create long-term financial troubles if you don’t act quickly because the lender will try to get a judgement against your business.
HOW THE LENDER SEES IT
From a lender’s point of view, a borrower who was late on payments might be seen as a risk – the MCA is unsecured debt, which means they have no assets like real estate to secure it. That can prompt them to file a lawsuit or seek judgments, if you have a COJ in your agreement – it can be impossible to win. A lender who was funding your future receivables might claim you’re breaching the agreement. That can result in serious penalties, like garnishments or liens, if the court agrees with them.
WHAT THE LAW SAYS
In Dallas, and throughout Texas, debt collection practices must follow guidelines under Texas state law. If a lender who was attempting to collect crosses the line, you can use certain defenses under consumer protection rules. You can learn more about these protections by visiting the Texas Attorney General’s website or the Federal Trade Commission website.
POTENTIAL CRIMES AND PENALTIES
Fraud that was discovered by a lender can become a criminal matter. That might mean the borrower faces fines, or, in extreme cases, time behind bars. Providing false statements like fake bank statements on a loan application can be charged as fraud. That can cost you money in legal fees and lead to possible prison time.
Failing to respond to lawsuits that were filed by the lender could lead to default judgments.
That can allow the lender to freeze your business bank accounts or seize your assets.
STRATEGIES WE USE TO DEFEND YOU
We fight. We protect. We negotiate. Here are some of our common defense strategies:
- Debt Validation: We request proof that was requested by law to confirm the exact amount you owe. That can make the lender pause any harsh tactics if they lack proper records. We ask for a payment record which makes sure they are unable to fabricate how much you have left to pay.
- Negotiation with Lenders: We talk to lenders who were open to restructuring debt. That might include lowering interest rates or giving you more time to pay. If a lender sees your going to file bankruptcy, and have lawyer reaching out on your behalf, they might play ball.
- Examining Contracts: We search for hidden fees or illegal clauses that were placed in your MCA agreement. That can lead to a reduction in what you owe.
- Challenging Fraud Allegations: We collect evidence that was missed by the lender, showing you never intended to commit fraud.
- Filing Defensive Lawsuits: If the lender who was trying to sue you broke state or federal law, we counter-sue for damages.
POSSIBLE CONSEQUENCES IF YOU DO NOT DEFEND YOURSELF
If you ignore your MCA debt, judgments might happen quickly or they might file a COJ overnight. That can destroy your bank accounts and damage your business reputation. With no strategy in place, you could end up forced into bankruptcy, or you might lose personal assets if there is a personal guarantee in the agreement you signed.
MULTIPLE OPTIONS FOR DEBT RELIEF
At Delancey Street, we offer more than just defense strategies. We can advise on alternatives, like business debt consolidation or invoice factoring. You can learn more about government-backed financing at the Small Business Administration (SBA) website. These solutions might provide cheaper and more affordable ways to handle your business debt.
HOW WE WORK
We begin with a free consultation to learn about the MCA. We examine all agreements. Then, we map out a plan:
- Step 1: Discovery: We gather your financial documents that were crucial to building your defense.
- Step 2: Negotiation: We talk to creditors about possible settlements. That can lower your overall balance or stretch out your repayment term.
- Step 3: Defense Tactics: If you get sued, we defend you in court. That might involve filing motions to dismiss any claims that were not backed by proper evidence.
WHY CHOOSE DELANCEY STREET?
We have experience. We help clients nationwide, and we know how MCA lenders operate.
We provide a human touch. We see you as more than a file number.
We produce results. We’ve helped many businesses reduce their debt substantially, so they could keep their doors open.