New Hampshire Merchant Cash Advance Legal Help

NEW HAMPSHIRE BUSINESSES NEED RELIEF

Delancey Street offers a MONEY BACK GUARANTEE for debt relief services.

Regardless of your merchant cash advance balance. Regardless of how long you’ve been in default. Regardless of the complexity of your situation. We can help you. We understand how MCA’s harm businesses, and we are dedicated to helping you get out of this toxic situation you’re in.

Understanding the New Hampshire MCA Landscape

Merchant cash advances (“MCAs”) are not traditional loans, which means the framework for them can be tricky. In New Hampshire, MCAs typically operate outside conventional loan regulations, yet they still draw scrutiny from consumer protection laws. Regulatory agencies DO NOT like MCA’s. The New Hampshire Banking Department (https://www.nh.gov/banking/) might intervene if an MCA provider crosses certain lines and is harming business owners.

AS SEEN ON major media outlets, Delancey Street is a top tier business debt relief company, which has helped countless business owners nationwide. We understand the challenges of MCAs, and we understand how they can become predatory if the terms are unfair. In New Hampshire, there may be penalties for providers who violate RSA 399-A, the statute which governs small loans and consumer credit. Also, if an MCA arrangement is borderline usurious, there could be legal implications—although MCAs often claim they’re “advances,” not “loans.”

Delancey Street Saves a Business Owner Over $400,000!

Yes, we did. And we can aim for the same outcome for you.

Potential Penalties and Laws in New Hampshire

New Hampshire statutes have strict guidelines on lending practices. MCAs are structured differently from typical loans, certain aspects might trigger:

• Civil Penalties: If MCA providers fail to comply with disclosure requirements or charge unlawful fees.
• Criminal Penalties: In rare instances, if an MCA contract is constructed in a way which violates antifraud or usury rules, this can result in criminal penalties for the lender.
• Administrative Enforcement: The New Hampshire Attorney General’s Office (https://www.doj.nh.gov/) can investigate complaints of unfair or deceptive business practices.

We get it. Dealing these laws is challenging. But it’s crucial to understand that each situation is unique—which means your defense strategy must be custom-tailored.

Implications for Different Situations

Implication #1: You Received a Summons
If you’re summoned to court over an MCA default, the creditor might seek a judgment against you. GUESS WHAT? A judgment can lead to liens, bank account garnishments, or other aggressive tactics. MCA lenders love using COJ’s. They want to avoid court, and simply get a judgement against you.

Implication #2: Confession of Judgment Clauses
In some MCA contracts, you can have signed a “COJ” clause. If it’s enforceable in New Hampshire, the MCA provider might use it to fast-track a judgment. This means they can instantly file a judgement against you, get your assets, levy your bank accounts.

Implication #3: Multiple MCAs (Stacking)
Stacking can create a lot of daily debits which cripple your cash flow. Excessive MCA stacking might look predatory, prompting legal defenses based on unconscionable terms.

Implication #4: Potential Usury Claims
Even though MCAs are described as “future receivables” purchases, courts sometimes recharacterize them as loans which are subject to interest rate caps. If the effective rate is outrageously high, you could argue it’s usurious.

Defense Strategy for MCAs in New Hampshire

AS EXPERIENCED AS IT GETS
At Delancey Street, we consider every angle—legal, financial, and practical. Our approach includes:

1. Contract Scrutiny
   We go through your MCA agreement line by line, identifying hidden fees, ambiguous clauses, or potential violations of RSA 399-A. We check for compliance with required disclosures and see if the provider misled you.
2. Negotiation and Settlement
   We reach out to the MCA provider, leveraging our in-depth knowledge of how these companies operate. We push for an affordable settlement or an extended repayment plan which eases your burden.
3. Legal Allies
   Because Delancey Street is owned by an attorney, we have a legal perspective you can trust. We often consult with our network of attorneys, and we work in tandem with in-house legal staff, who have a local understanding of New Hampshire’s legal environment.

SWe Protect. We Negotiate. We Win.

Dismantling an MCA Case

Imagine unraveling an MCA contract as though you’re peeling layers off an onion. First, you check the interest disguised by a “factor rate.” Next, you see if the daily ACH pull is so high it’s effectively forcing you out of business. Then, you test whether the “purchase of future receivables” language is just cosmetic, which a court might interpret differently. Little by little, you dismantle the veneer of legitimacy, exposing questionable clauses and potential statutory breaches. Suddenly, the narrative changes: instead of you being the defaulting party, the MCA provider might be the one in hot water for violating consumer lending statutes or engaging in unfair and deceptive acts.

THAT SHIFT is the advantage you need.

How We’d Defend You in a Real-World Scenario

1. Forensic Review of MCA Documents
   Regardless of whether you signed a personal guarantee, or whether a confession of judgment was included, we check every phrase, including small print references to choice-of-venue or arbitration clauses.
2. Validation of Debt
   We request an accounting of the money advanced versus the sums already repaid. If the math doesn’t line up—and sometimes it doesn’t—we challenge the balance. We will use it to get you a better outcome.
3. Regulatory Complaints
   If we find evidence of shady practices, we help you file complaints with the New Hampshire Banking Department or the Consumer Financial Protection Bureau (https://www.consumerfinance.gov/), which can pressure the MCA provider to negotiate or face further investigation.
4. Litigation Readiness
   If push comes to shove, we create a robust defense strategy in court. We look at whether the MCA is indeed a disguised loan, whether the interest rate is excessively high, and whether the provider has engaged in harassment or other illegal collection tactics. We also look to see if the contract given by the lender, is compliant with state laws.

EXPERIENCED
DEDICATED
DELANCEY STREET

We stand by your side through each step, ensuring you understand the process and know the pros and cons of every possible course of action.

Why Choose Delancey Street

• Significant Debt Reduction: We’ve negotiated up to 70% off MCA debts for many of our clients.
• Money Back Guarantee: If we can’t offer real debt relief, you get your money back.
• Proven Track Record: Our expertise is second to none. We’ve helped hundreds of businesses. We’ve saved millions.
• We Understand: We’ve seen how predatory MCAs can crush a business. We don’t let that happen. Let us deal with the lenders in court.

A Few Quick Reminders

What Should You Do If You’re Facing MCA Default in New Hampshire?

• Don’t ignore notices or court documents. It could result in an automatic judgement.
• Keep making partial payments if possible, to show good faith. Don’t default and breach the contract.
• Organize all of your MCA agreements and communications in one place.