Merchant Cash Advance Lawsuit
Kenny Butler • September 15, 2024

What to Expect if You Are Served with a Lawsuit by Your MCA Lender

If you have defaulted on an MCA, here’s what can generally be expected if a business is served with a lawsuit by an MCA lender (we will assume you signed a personal guarantee):

1. Receipt of a Summons and Complaint: The first step in any lawsuit is the delivery of a summons and complaint. This document outlines the claim that the MCA lender is making against the business owner. The summons and complaint will generally be served to the business owner in person or via certified mail.

2. Response Due: After receiving the summons and complaint, the business owner has a limited period of time (usually around 20 days, but this can vary depending on the jurisdiction) to respond or answer the complaint. If a response is not filed within this period, the court may enter a default judgment against the business.

3. Court Hearing: If the business owner and MCA lender cannot reach a settlement, the case will likely proceed to court. A judge or jury will hear the case and make a determination.

4. Judgment: If the court finds in favor of the MCA lender, it will issue a judgment ordering the business owner to pay a certain amount. This amount will typically include the outstanding balance of the MCA, along with penalties.

5. Interest and Fees: The judgment may also include provisions for the accrual of interest on the unpaid balance, as well as the payment of legal fees incurred by the MCA lender.

6. Collection Activities: If the business owner is unable to pay the judgment, the MCA lender may engage in various collection activities. This can include wage garnishments, liens on property, or repossession of collateral associated with the advance.


Failure to Pay

Depending on the specifics of your contract with the MCA provider and the laws of your jurisdiction, if you fail to pay the judgment or are unable to meet your repayment obligations, the MCA provider may pursue various collection activities. Here are some possibilities:

  1. Garnishing Wages: In some cases, a court can order that a portion of your wages be withheld and sent directly to the MCA lender to pay off the debt. This is known as wage garnishment. However, this is more typical in consumer debt cases and may not be applicable to businesses.
  2. Placing Liens on Property: A lien is a legal claim on an asset that allows a lender to seize and sell it if a debt is not paid. If the MCA lender places a lien on your property (such as your business premises or other assets), they could potentially sell the property to recover the debt.
  3. Repossessing Collateral: If your MCA agreement included any collateral (assets pledged as security for the advance), and you default on your payments, the MCA lender may have the right to repossess and sell these assets to recover the amount owed. This could include business equipment, inventory, or other valuable assets.

Each of these collection activities has legal requirements and protections in place, so it’s crucial to consult with an attorney if you find yourself in this situation. They can help you understand your rights and options and advocate on your behalf.


If You Signed A Personal Guarantee

A personal guarantee blurs the line between your personal finances and your business finances. A personal guarantee is an agreement that holds the business owner (along with cosigners) personally responsible for repaying the business loan or cash advance. It effectively bypasses the protection that business structures like LLCs or corporations usually provide their owners.

If you’ve signed a personal guarantee as part of your MCA agreement, this means that if your business is unable to repay the advance, the MCA lender can come after your personal assets to recoup their money. This can include your personal bank accounts, your car, your home, and other personal assets. In this case, the potential consequences of a lawsuit by an MCA lender are not limited to your business but could impact your personal financial situation as well.


Merchant Cash Advance Lawyers

Legal help can be expensive, and there’s no guarantee that a lawyer will be able to find a “loophole” or solution that absolves you of responsibility. Before your attorney even has a chance to log into their LexisNexis and Westlaw accounts to seek potential legal remedies or loopholes, the MCA creditors may have already drained your business accounts, imposed levies on your credit card processor, and reached out to your clients for direct payments to them.


Protected Assets

It’s also worth noting that some personal assets might be protected from creditors, even if you’ve signed a personal guarantee. These “exempt” assets can vary by state but might include a certain amount of equity in your home, your car up to a certain value, retirement accounts, and other personal property.


Settlement Outside of Court

Settling a debt outside of court, often referred to as out-of-court settlement, is a common practice in the world of debt resolution.

Despite the daunting prospects of lawsuits, judgments, or personal guarantees, it’s important to note that these circumstances do not preclude you from negotiating a settlement with your creditors. With the right approach, you have the potential to settle your debt for a fraction of the original amount owed. By following our systematic approach, you can work towards a resolution, regardless of whether you’re dealing with a judgment, lien, or a personal guarantee.

Similar Posts

By Kenny Butler September 15, 2024
$3.4 Million Stolen and Over $1 Million Gambled Away: The Shocking Case of Mark Csantaveri For years, we’ve witnessed the vulnerability of small business owners who have fallen prey to fraudulent debt settlement companies. These companies, under the guise of alleviating business debt, often fail to deliver, leaving these already struggling business owners in even worse financial trouble. The recent DOJ announcement regarding Mark Csantaveri’s scheme to defraud over 50 small businesses is a stark reminder of this danger.
By Kenny Butler September 15, 2024
Trucking Company Swiftly Recovers with the Business Debt Settlement Course 
By Kenny Butler September 15, 2024
Merchant Cash Advances can be deceivingly attractive to businesses, offering a lump sum payment and quick access to cash. Still, it’s important to remember that they can also be incredibly costly. Interest rates can be high, and the repayment terms are often inflexible and unforgiving.
By Kenny Butler September 15, 2024
Evaluating the credentials and experience of any individual or company you are considering for debt management, negotiation, or protection services is crucial. Some attorneys may have attended law school, but they may need to gain the unique knowledge and experience necessary to assist a business in dealing with debt negotiation, debt settlement, and aggressive MCA creditors. Bad Agents Firms that assign agents based solely on how much the client can pay should be avoided at all costs. Unfortunately, many debt relief agencies assign agents to your case based on how much money you can give them. It means that their competence, ability, experience, and knowledge may be limited. Do not allow yourself to become a victim of unqualified agents. Protect yourself by getting the information you need to gain control of your business debt.
By Kenny Butler September 15, 2024
What is an MCA – Merchant Cash Advance? An MCA or Merchant Cash Advance is a type of alternative financing offered by lenders to business owners who may not qualify for traditional bank loans. The cash total of an MCA is based on a percentage calculation of the business’s future revenue or receivables and provides fast access to capital. MCA transactions are typically structured as a lump sum payment to the merchant, with the lender receiving a portion of the business’s daily sales for repayment. The MCA industry is not highly regulated, and, in fact, these lenders aren’t obligated to follow usury laws because, technically, a merchant cash advance is not a loan. It’s a purchase of future receivables. How did the MCA Industry grow? During the global economic downturn of 2008, merchant cash advances were one of many sectors to undergo significant change. MCAs stepped in to fill the gap left by traditional banks’ reluctance to lend after the economic downturn by providing short-term funding to struggling businesses. After the Great Recession, it became harder to get traditional small business loans because banks tightened their lending rules. Adaptations in the lending industry in response to the economic downturn have contributed to the sustained growth of merchant cash advances. In the 2010s, merchant cash advances (MCAs) continued to grow as larger lending institutions started providing MCAs and other alternative forms of financing. What are the MCA Companies Up to Exactly? There is tremendous competition in the MCA industry, with lenders who operate in the merchant cash advance realm working with brokers and funders who are all vying for the same business. The merchant cash advance industry has been under scrutiny in recent years for its questionable practices. Many MCA companies have been accused of manipulating their clients and competing with each other in unethical ways. High Rate One of the most common tactics used by MCA companies is to offer loans with high-interest rates and hidden fees. These high-interest rates can make it difficult for businesses to repay the loan, leading to a cycle of debt that can be hard to break out of. Additionally, some MCA companies have been known to offer loans without fully disclosing the terms and conditions, leaving borrowers unaware of what they are signing up for. Tactics Another tactic used by some MCA companies is to compete unfairly with each other by offering lower rates than their competitors. This can lead to a race-to-the-bottom mentality where businesses are forced into taking out loans from the lowest bidder regardless of their creditworthiness or financial situation.  Predators Finally, some MCA companies have been known to engage in predatory lending practices, such as targeting vulnerable populations or offering loans without conducting proper due diligence on potential borrowers. This can leave businesses in an even worse financial position than before they took out the loan.
By Kenny Butler September 15, 2024
What is Cash Advance Settlement? Business Cash Advance Settlement is a process of resolving debt that has been taken out through a Merchant Cash Advance (MCA). This type of financing allows businesses to receive a lump sum of money in exchange for future debit or credit card sales. The settlement typically involves negotiating with the MCA lender to reduce the amount owed and create a payment plan that works for both parties. Second Wind Consultants Second Wind Consultants is one example of a company that helps businesses resolve their MCA debt. They provide services such as debt elimination, restructuring, and negotiation with lenders to help businesses get back on track. Additionally, there are attorneys who specialize in Merchant Cash advance settlements and can provide legal advice and assistance during the process. Preparing for Settlements When attempting to settle an MCA debt, it’s important to be prepared with information about your current financial circumstances. This will help the MCA collectors or lenders understand your situation and come up with an agreement that works for both parties. Additionally, it’s important to be aware of any potential consequences of defaulting on an MCA loan, such as being sued by the lender or having your business assets seized. Overall, Business Cash Advance Settlement can be a difficult but necessary process for businesses struggling with MCA debt. With the right resources and guidance, however, it is possible to reach an agreement that works for both parties involved. Do It Yourself Debt Settlement If you want to control your own debt settlement process while avoiding large fees charged by debt settlement companies, you can use the Bardwell online course. Kenny Butler of Bardwell Creative has crafted a revolutionary, one-of-a-kind online course to educate business owners in the process of settling their debt for good. The Online Course The Business Debt Settlement Course is designed for those who need to stop the daily/weekly/monthly cash withdrawals and get out from under the crushing debt burden. The course provides clear systematic lessons that help business owners build up settlement funds and negotiate with creditors to settle their debts for a fraction of what they owe. Kenny Butler has created the only system available to business owners to deal with MCA and other crushing debt. He developed systematic debt settlement processes that are now available in this online course. With his expertise and guidance, business owners can learn how to avoid being taken advantage of by debt collectors and achieve results as low as 10% of the total amount owed. If you’re ready to take control of your financial future, check out the Business Debt Settlement Course by Bardwell Creative today!
By Kenny Butler September 15, 2024
Understanding business debt relief means that regular payments can stop, allowing the business to return to positive cash flow. The most significant relief from debt comes from eliminating most of it through a single paid settlement. The business owner can use part of the freed-up cash flow to set money aside over time for a reduced one-time payment. It is the best option for businesses that want to get out of debt and gain financial freedom. That is full autonomy over their business and personal finances.
By Kenny Butler September 15, 2024
There are several benefits to consolidating your business loans. First, you’ll have a single monthly payment, making budgeting easier. You may also be eligible for a lower interest rate and only have to deal with one set of terms and conditions. Additionally, consolidating your loans may improve your credit score since it will show that you’re managing your debt responsibly.  Business Loan Consolidation: The Cons
By Kenny Butler September 15, 2024
A merchant cash advance lawsuit is a legal action taken by a lender against a borrower for failure to pay back a loan. Generally, when a borrower does not make payments or fails to comply with the terms of the agreement, then the lender may pursue legal action in order to collect the debt. The lawsuit may include claims for breach of contract, usury laws violations, fraud, or unjust enrichment. If the court rules in favor of the lender in the lawsuit, then it may issue an order requiring the borrower to repay the loan plus interest or damages. It can also order other remedies such as seizing assets, garnishing wages, and placing liens on property.
By Dina Mousavi September 14, 2024
As a business owner, you may have obtained a merchant cash advance (MCA) to help cover some of your expenses. An MCA is a short-term loan that is repaid through a set percentage of your future credit card sales or other receivables. If you’re experiencing difficulty making your MCA payments, it’s important to address whether your cash flow can sustain your MCA servicing.
Show More