FLORIDA MERCHANT CASH ADVANCE ATTORNEY
Are you a business owner in Florida who is struggling with a merchant cash advance? We get it – the lender is calling, and threatening to sue you. Some might even threaten to come to your doorsteps. This situation can feel overwhelming and scary, especially if lenders threaten lawsuits or aggressive collection tactics. Many lenders will claim they can contact your vendors, your clients, and try to harm your businesses reputation.
REGARDLESS OF YOUR CIRCUMSTANCES – we can help you. If you need help with an MCA, in Florida, we are here to help you.
We are DelanceyStreet.com, a top-tier business debt relief company based out of NYC, that helps clients nationwide. Our team includes dedicated experts who understand the Florida merchant cash advance world inside and out. We have a network of attorneys who can help you deal with your MCA debt in Florida. If the lender is in Florida – we can handle it for you. We want you to know that we’re here to protect your business interests, defend your personal and business rights, and safeguard your company.
EXPERIENCED. DEDICATED. DRIVEN.
Here’s the bottom line: A merchant cash advance that was taken can lead to serious financial strain on your bank balance, and you might even face legal consequences if you can’t keep up with daily or weekly payments. Any missed payment, or MCA default, can result in lawsuits, which might lead to judgments and wage garnishments against you personally, and against your business. This means your business could lose valuable resources, your personal finances might be put at risk, and you might even face collection attempts by lenders who are not going to give up.
UNDERSTANDING MERCHANT CASH ADVANCES IN FLORIDA
Florida has laws that were created to protect consumers and businesses from unfair lending practices, such as Florida Statutes Chapter 501, also known as the Florida Deceptive & Unfair Trade Practices Act (link). The Florida Office of Financial Regulation (link) oversees financial companies, which means any MCA lender who violate rules may face penalties from the state government. This means you have rights that were put in place to ensure fair treatment, and we want to help you assert them.
WHAT IF YOU’RE THREATENED WITH CIVIL OR CRIMINAL PENALTIES?
Sometimes, MCA lenders who are trying to collect merchant cash advances will claim you committed fraud or breached a contract, for example you took an MCA, and then defaulted in the first 30 days. Criminal accusations can lead to severe penalties which include possible fines, restitution, or even jail time if the accusations are proven. If you’re found liable for civil penalties, you can face large judgments which drive your business into bankruptcy, or shutting down temporarily. You deserve a strong defense against these outcomes. Most MCA lenders have a reconciliation clause in their agreement – it means if your revenue goes down, they are required to lower daily/weekly payment.
EVIDENCE THAT WAS ILLEGALLY OBTAINED MAY BE INADMISSIBLE
When lenders sue, they rely on documents, and records(like your contract) as proof of what they claim is unpaid debt. Evidence that was illegally obtained may be inadmissible. This means that the court might refuse to accept that evidence, and the lender might fail to prove its case. If the MCA lenders fails to prove its case, you might be able to reduce your liabilities or have the lawsuit dismissed. That’s why we investigate how lenders acquired their evidence, and we look for any legal violations.
HOW DELANCEYSTREET.COM DEFENDS YOU
Below are just a few of the defense strategies that were designed to help you:
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Negotiation with Lenders
We negotiate directly with lenders who are often willing to discuss a payment plan which makes sense, because they ultimately want to be paid. If you are suffering a hardship, there’s a potential opportunity to resolve this out of court. For example, if your bank account shows a drop in revenue. This means you might avoid harsh collection actions, and you can keep your business afloat. -
Examining Confession of Judgment Clauses
Some merchant cash advance agreements that were signed by business owners include COJ (Confession of Judgment) clauses. The COJ clause lets lenders quickly get a judgment if you default, which means they can immediately freeze your bank accounts or seize assets. -
Proving Lender Violations
Sometimes, MCA companies who are trying to collect on merchant cash advances break state or federal laws by charging illegal interest rates or misrepresenting contract terms. Sometimes the lenders will break criminal laws, by threatening you verbally, or show up to your place of business. If a lender violates Florida’s Deceptive & Unfair Trade Practices Act (link) or other regulations, you might be entitled to damages. This means that your debt might be reduced and the lender might face penalties or fines. -
Challenging Unconscionable Agreements
Agreements that were written in a way that’s extremely one-sided can be declared unconscionable. The funding you took is an advance, not a loan – as a result certain safeguards only available for loans are not available to MCA lenders giving advances. When an agreement is unconscionable, the court may decide to alter or void the contract. This could result in a major reduction in what you owe, and it might protect your business from collapse.
POINT OF VIEW: YOU VS. LENDERS
From the lender’s perspective, they believe you owe them a certain amount of money, plus fees, based on the contract you signed. If you don’t repay it – they feel they have the right to take whatever steps they deem necessary to get their fund returned. They see the contract as enforceable, and they may use the court system to demand quick repayment.
From your perspective, that contract might have been confusing, or the interest rates might have been astronomical, and you may feel stuck in a cycle of debt. Either way, now – that debt is toxic. Regardless of where you stand, we can fight to protect your rights.
WHY WE’RE DIFFERENT
We rely on open communication, because we know that lenders often prefer a settlement over a long court battle. We have immense experience working with lenders. Our company, DelanceyStreet.com, is proud of our legal experience, which includes knowledge of Florida law and nationwide business debt relief strategies. We combine negotiation skills and legal defenses to get the best outcome for you.
STRATEGIES THAT WERE TESTED AND PROVEN
Our approach can help you avoid penalties that might include losing your business license, having large judgments placed on your property, or facing serious credit damage. We pride ourselves on building a shield around your company, so you can focus on growth instead of crippling debt.
FREQUENTLY ASKED QUESTION:
“WHAT HAPPENS IF I DO NOTHING?”
If you ignore the lender, you could face a default judgment that leads to garnishments, liens, and more. That means your personal and business accounts might get frozen, you might lose assets, and your business reputation could suffer. We don’t want that to happen. We want to step in early, examine your lender’s claims, and fight for a solution that keeps you in business.