Grant Phillips Law PLLC



Merchant Cash Advance Attorney Delaware

If you answered “Yes” to any of these questions, call your DELAWARE Merchant Cash Advance Attorneys.

Merchant Cash Advance Attorney – DELAWARE

A Merchant Cash Advance remains one of the most devastating lending instruments available to cash strapped businesses. Rather than infuse the business with necessary funds, the MCA eats away at the businesses revenues and cash, until the ACH repayments (daily or weekly) become cost prohibitive and inevitably impossible to repay.

While DELAWARE still has no specific regulation or laws governing Merchant Cash Advances and MCA Funders, the topic remains front and center with regulators and administrative bodies such as the Securities and Exchange Commission looking at regulating the industry.

People find the practice of usury inhumane and distasteful, there are others who feel businesses should be free to profit from legal nuances and at the expense of small business.

It is interesting to note that DELAWARE actually regulates Payday Loans.

Unfortunately, its protections apply to consumers only, because a Payday Loan is marketed and sold to individuals only and thus the law does not extend to commercial financing products such as a Merchant Cash Advance. In fact, it is entirely up to each State to regulate Payday lending within its own borders.

Therefore, the regulation that does exist, is targeted at consumer borrowing, not commercial and while some States like California, New York, Utah and Vermont have already or are enacting laws that SPECIFICALLY govern a Merchant Cash Advance within its ambit of coverage, no such laws have been passed in DELAWARE to date.

Contact: Grant Phillips Law, PLLC, a New York based Law Firm focused on Merchants and specializing in defending small businesses against Merchant Cash Advance loans across all 50 States as well as Merchant Cash Advances originated by a resident of DELAWARE.


What happens if I default on my Merchant Cash Advance?

When a merchant defaults on their Merchant Cash Advance, there are several possible repercussions.

Your MCA Funder may choose to enforce all, or some of the following acts:

1. File a UCC-1 Lien with an Information Subpoena and Restraining Notice with all your creditors, in order to enforce its UCC-1 Lien filing. These documents are designed to notify anyone and everyone that owes the business money that those funds must be sent to the Merchant Cash Advance Funder rather than to the business

2. Additionally, a Merchant Cash Advance Funder may Commence a Lawsuit against the business and you personally, for “Breach of Contract” and “Unjust Enrichment.

3. An MCA Funder may also try to Freeze/Levy your business and or personal bank accounts.


** Please note that your MCA Funder is permitted to try enforce its MCA Agreement through lawsuit, UCC Lien and or a bank account levy, and each Action is independent of the other, but may be brought simultaneously in the event of default.

Not every Merchant Cash Advance default is a breach of contract.

If your receivables have declined for example, your non-payment and subsequent default may not be a breach of the Merchant Cash Advance Contract.

For a thorough analysis of your legal rights and whether your default is a breach of contract and if so, what may be done, call the MCA Attorneys at Grant Phillips Law, PLLC – 516.670.5165


Merchant Cash Advance Attorney DELAWARE

Did you know?

In the State of DELAWARE there is no licensing requirement to become an MCA lender or broker!

Some States are beginning to take a look at this for example California and more recently the States of New York, Utah and Vermont, but at present, neither require background checks, licensing, posting of a bond or enrolling in a registration system. In fact, there are NO laws that exist to govern the creation of a Merchant Cash Advance Funder and a Merchant Cash Advance Brokerage in the State of DELAWARE.

Merchant Cash Advance Attorney DELAWARE

Did you know?

New York State enacted a law on August 31st, 2019 banning New York Merchant Cash Advance Funders and other types of lenders from issuing Confessions of Judgment to a Merchant residing out of the State of New York, such as a DELAWARE Merchant.

In other words, it is illegal to be provided with a Confession of Judgment in the MCA Contract or to be asked to sign a Confession of Judgment as part of a Merchant Cash Advance closing.

*** PLEASE NOTE*** Many Merchant Cash Advance Funders try to include these documents in their contracts and attempt to disguise it by renaming the CONFESSION OF JUDGMENT an “AGREED JUDGMENT.”

Agreed Judgments are Confessions of Judgment.

For example, a borrower from DELAWARE takes out a Merchant Cash Advance from a New York Merchant Cash Advance Funder, it is now illegal for this funder to issue or ask the DELAWARE borrowing merchant to sign a Confession of Judgment or Agreed Judgment.

What is a Confession of Judgment?

A Confession of Judgment or COJ is a law that allows one party to obtain a judgment against another party without needing to file a lawsuit or go through the normal litigation process. Think of a Merchant Cash Advance COJ or Agreed Judgment as a judgment on “steroids,” it provides a judgment to the Merchant Cash Advance Funder without you getting a day in Court to defend yourself and your business from allegations of your breaching the Merchant Cash Advance Contract. In summary, a COJ and Agreed Judgment detracts from your fundamental constitutional right to a day in court, also known as Due Process.

Contact Grant Phillips Law, PLLC. Merchant Cash Advance Attorneys DELAWARE- 516.670.5165

Merchant Cash Advance Attorney DELAWARE

Why is the Merchant Cash Advance market centered around New York?

New York City remains the hub of finance and financial transactions throughout the world. Like other forms of alternative finance, the world of Merchant Cash Advance found a stronghold and “home” in New York City.

Also, as an alternative form of financing (without limitations in interest charged), made Merchant Cash Advance very attractive to alternative investors, predominantly located in New York City and Wall Street. Additionally, many MCA investors are located in New York and so it was New York that facilitated the coming together of investors and Funders of Merchant Cash Advance and has been the epicenter of the industry ever since.

Finally, with Manhattan the epicenter of economic and world finance, coupled with the fact that the largest lenders, banks, private equity and law firms are generally located there, it is no wonder that Merchant Cash Advance loans are dominated by New York based lenders.

Another major reason that Merchant Cash Advance funders set up shop in New York State, is because, prior to the law being repealed, New York Law permitted Merchant Cash Advance funders to issue a borrowing Merchant, the infamous “Confession of Judgment.”

As stated earlier in this article, on Aug 31st, 2019, this law was updated to prohibit New York Merchant Cash Advance Funders from issuing a COJ to a DELAWARE resident.

Grant Phillips Law, PLLC – Merchant Cash Advance Attorneys providing Merchant Cash Advance Defense and Debt Relief to DELAWARE Merchant Cash Advance Borrowers.

Merchant Cash Advance Attorney DELAWARE

Did you know?

Twenty-Three (23) year ago information about Merchant Cash Advance loans became available and publicly accessible. Specifically, an individual by the name of Barbara S. Johnson is listed as the official inventor of split-funding, a system that allows for automatic loan repayment to the funders from a single credit card processor shared with the Merchant. Ms. Johnson obtained a Patent for this system in 1997.

Her story is fascinating. Johnson was running four Gymboree Playgroup & Music franchises. Unable to get working capital to fund a summer marketing campaign, she wondered whether she could borrow against future credit card sales derived from parents bringing their kids back for fall classes. About a year later, Johnson and her husband founded Advance Me, a Merchant Cash Advance Funder. Her Patented technology (allowing for the splitting of credit card sales) was a major step in the birth and growth of the Merchant Cash Advance world. Later her company would become CAN Capital, a major player in the MCA lending space.

Merchant Cash Advance Attorney DELAWARE

Did you know?

The interest rate or effective APR on a Merchant Cash Advance is so excessive and in turn profitable for Merchant Cash Advance funders that large publicly traded companies have also entered the Merchant Cash Advance arena. Some examples include Shopify, Square, PayPal, Amazon and even American Express. There are also major investment banks like Goldman Sachs and Morgan Stanley backing several Merchant Cash Advance funders and hedge funds.

Merchant Cash Advance Attorney DELAWARE

Did you know?

The attorneys at Grant Phillips Law, PLLC have seen cases where the effective APR on a Merchant Cash Advance was in excess of 1,000% – This is NOT a misprint, again this law firm has seen several Merchant Cash Advance Contracts with an effective APR of 850%!

If your Merchant Cash Advance positions are eating away at your business cash flow and revenues, don’t hesitate to contact DELAWARE Merchant Cash Advance Attorney Grant Phillips representing clients in DELAWARE and across all 50 States.

Your Business – Your Money

You put in time, money, equity, experience and knowledge into building your business. It feeds you, supports your family, creates jobs and as such is worth fighting for. Let Us Help You! Grant Phillips Law, Merchant Cash Advance Attorneys DELAWARE– a Merchant Cash Advance Defense Law Firm.

GRANT PHILLIPS LAW, PLLC has the success, results, knowledge, compassion and experience to handle all your Merchant Cash Advance positions, no matter what State you call home, including the State of DELAWARE.

Merchant Cash Advance Attorney DELAWARE

You have questions: We have answers.

For answers to these questions and any other you may have, don’t hesitate to contact the Merchant Cash Advance Attorneys at Grant Phillips Law, PLLC. A Merchant Cash Advance Law Firm.

Let our Law Firm alleviate the stress, worry and sleepless nights. Let us help you get your business back on track.

Reclaim your Revenues

Grant Phillips Law can help me with my MCA positions!

Yes, Grant Phillips Law has successfully negotiated hundreds of Merchant Cash Advance settlements and filed hundreds of lawsuits against the majority of Merchant Cash Advance Funders.

We are a law firm with a practice dedicated entirely to Defending Merchants from Merchant Cash Advances and Predatory Lending.

Merchant Cash Advance Defense Attorneys, Grant Phillips Law, has settled or litigated and won hundreds of Merchant Cash Advance lawsuits against virtually every MCA Funder, whether the funder is located in DELAWARE, New York or elsewhere.

We handle multiple positions, even if “stacked,” and the law firm can also assist if a UCC lien has been filed against the business receivables or a lawsuit commenced against you personally and or against your business.

Our Merchant Cash Advance Defense Law Firm is well versed in the law and we will fight zealously in our representation of you and your business and uphold your legal rights and privileges.

Which MCA Funders has Grant Phillips Law settled a Merchant Cash Advance with?

The following is a list of some of the Merchant Cash Advance Funders that Grant Phillips Law have EITHER negotiated a settlement with, or sued successfully.

** Please note: This list is non-exhaustive, but rather a sampling of those MCA Funders we have engaged with on behalf of Merchant Borrowers:

1st Global Capital Bluevine Capital Inc Epic Advance, Inc Infinity Capital Funding Merchant Cash Funding Quick Cash Business Services
1st Global Systems (Hallandale) Boca Capital Partners Everest Business Funding Iou Financial Merchant Cash Group Rapid Capital Funding
1St Merchant Funding Bolstr Expansion Capital Group Irn Payment Systems Merchant Funding Services LLC (Yellowstone) Rapidadvance
6th Avenue Capital Bushwich Merchant Services Experience Finance Itria Merchant Resources International RedFynn
Accel Capital,Inc. Business Consulting Options Express Working Capital Jet Capital Merchants Capital Access Regalcapital,Inc.D/B/Aregalcaptalgroup
Accel Direct Funding, LLC Business Credit And Capital Factor Funding Kabbage MFS Global Retailcapital / Credibly
Accord Business Funding Business Financial Services Financing Solutions LLC Kalamata Capital Ml Factors Richmond Capital
Ace Funding Source, LLC Can Capital Finish Line Capital Kash Capital Money For Merchants Romi Merchant Services
Ach Capital Can Capital First Data Kingdom Kapital Mother Funding Second Chance Funding, LLC
Ach Capital, LLC Can Capital (Continued) Fora Financial Kings Cash Group, LLC National Funding Smart Business Funding
Advance Funds Network Capcall LLC Fora Financial Business Loans, LLC. Knight Capital Funding National Funding Inc Smart Choice Capital
Advanced Merchant Services Capital Advanced Services Forward Financing Knight Capital Funding New Era Lending LLC Snap Advance
Aj Equity Group Capital For Merchants Forward Financing Landmark Funding, LLC New Logic Business Loans Snap Advances
Aliant Payment Systems Card Payment Solutions Forward Line Financial Last Chance Funding Nextwave Enterprises, LLC. Solupay
Alpha Capital Source, Inc. Cash Cow Capital LLC Fox Business Funding Last Chance Funding NextWave Funding SOS Capital
Amazon Capital Services Centerboard Funding Fundation Legend Funding (No Coj) On Deck Spg Advance LLC.
American Allied Funding Central Diligence Group (Cdg) Fundation Group, LLC Lendfi One Park Financial Srs Capital Funds
American Capital Advance CFG Merchant Solutions Fundbox Lending Club Par Funding Sterling Funding
American Express Cfg Merchant Solutions Funding Circle Lendio Payability Strategic Funding Source
American Finance Solutions Commercial Merchant Funding Funding Circle (Fc Market Place) Lendr Paypay Superior Capital
American Merchant Receivables LLC Commonwealth Merchant Advance, Inc. Funding Metrics, LLC. (Lendini) Lendr Aka Lendr.Online, LLC. Pearl Beta Swift Capital
American Stimulus Funding Corona Advances Fundworks Liftforward Pearl Capital The Business Backer
Americas Business Capital Corporation Service Company Fundzio Mantis Funding Pinnacle Merchant Advance Trsource,LLC.
Amerimerchant/Capify Corporation Service Company (Continued) Gbr Funding Inc Maverick Capital Pirs Capital Tsvidavisa/K/Astevedavis
Arcarius Credibility Capital Inc Gibraltar Capital Advance Max Advance Platinum Funding Services Tzvireicha/K/Asteve Reich
Arf Financial Credibly Green Capital Max Merchant Funding PledgeCap United Payment Services
Balboa Capital Credibly – Retail Capital LLC Green Growth Funding Mckenzie Capital LLC Powerup Lending Group, Ltd. Uplyft Capital
Balboa Capital Corporation Db Squared Inc Greenbox Capital Merchant Advance Premium Merchant Funding One, LLC Viking Funding Group
Bankcard Funding/Partners Funding Df Merchant Advance Grp Funding Merchant Advance Funding Lp Primary Capital Wall Funding
Bankers Healthcare Group Inc. Direct Capital Corporation Gtr Source, LLC. Merchant Advance Partners Principis Capital LLC Wall Street Funding
Beacon Payments, LLC. Direct Merchant Funding LLC Happy Rock Merchant Solutions Merchant Advance Pay Professional Merchant Advance Capital Wellen Capital (Gibraltor)
BFS Capital Ebf (Everest) Hop Capital Merchant Business Credit, Inc. Promed Healthcare Financing World Business Lenders
Bitty LLC Ein Cap Hunter Caroline Merchant Capital Source Prosperity Gold Capital World Global Financing
Bizfi Elevate Funding ICBA Bancard Merchant Cash Advance Of Texas Quarterspot Inc WPrincipis Capital
Bizfunds Empire Funding In Advance Merchant Cash And Capital Quick Bridge Funding Yalber
Yellowstone Capital


Merchant Cash Advance Defense Law Firm

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