MERCHANT CASH ADVANCE ATTORNEY – FLORIDA

 

MERCHANT CASH ADVANCE ATTORNEY -FLORIDA

  • Do the majority of your Florida business revenues go towards daily ACH payments?
  • Did you personally guarantee your Florida Merchant Cash Advance loan?
  • Did your funder make you sign a COJ / Confession of Judgment or an Agreed Judgment?
  • Is there a UCC filed against your Florida business?
  • Are you paying a fixed amount on your MCA loan despite a decrease in revenues?
  • Are funders, their attorneys or collection agencies calling, texting and harassing you?
  • Does your Florida based Credit Card Terminal have a lock box?
  • Do you need to change your MCA repayment schedule to monthly payments from daily?
  • Are your Florida business or individual bank accounts frozen, attached or levied?
  • Have your clients or vendors been contacted by your Merchant Cash Advance funder?
  • Did you attempt to restructure payments to your Merchant Cash Advance funder due to a fluctuation in sales and revenues? Was it granted?
  • Were you asked to put up any personal collateral like your residential home?

If you answered yes to any of these questions, contact Grant Phillips Law, PLLC helping Florida Merchants. A law firm focusing on settling Merchant Cash Advance loans for clients across all 50 States. Florida MCA Attorneys. Grant Phillips Law, your Merchant Cash Advance Attorneys in Florida. Let us review your Merchant Cash Advance Contract for illegalities. Settle your Florida Merchant Cash Advance loan with your Florida Merchant Cash Advance Funder.

Florida Merchant Cash Advance Law

In Florida, Merchant Cash Advance law governs both Merchant Cash Advance Funders and Merchant Cash Advance Merchants.

Under Florida Merchant Cash Advance law, one of the most important factors in distinguishing a traditional loan (Usury applies) from a Merchant Cash Advance in Florida is whether the Florida Merchant must repay his Merchant Cash Advance loan unconditionally (i.e. No matter what happens). When Merchant repayment is unconditional and absolute, no matter circumstance, the Florida Merchant Cash Advance Funder is committing criminal usury because the Courts will likely rule such facts to be a loan and not an MCA.

Remember under Florida Merchant Cash Advance law a merchant is selling its future receivables but only if receivables are in fact generated by the business. If the business does not generate sufficient receipts due to adverse business conditions, beyond the control of the merchant, the the losses and changes to receivables must be borne by the Funder, i.e. the FUNDER must carry the loss if revenues decrease.

A Florida merchant’s legal duty is to deliver future account receivables to the MCA Funder, but only if the business is a going concern and actually generating receivables. 

In other words; Unconditional re-payment of a Merchant Cash Advance, is illegal in Florida.

 

One of the most essential components of a bona fide Florida Merchant Cash Advance rather than a traditional loan, is that the Merchant does not have to unconditionally repay the loan(s).

A Merchant is selling its future receivables, but only to the extent that receivables are generated by the business.

Legally in Florida, if the Florida Merchant does not generate sufficient receipts due to adverse business conditions, natural disasters or other incidences beyond the control of the Merchant, the Merchant Cash Advance Funder must suffer the loss.

In turn, the Merchant, agrees not to engage in fraud or other practices that intentionally denies the Merchant Cash Advance Funder its purchased receivables. In other words, at loan inception, the Florida business owner Merchant guarantees that its business will not breach any clause in the Merchant Cash Advance contract.

If the Merchant’s obligation to deliver the Funder future receivables is conditioned strictly upon the continuance of the merchant’s business and in turn the generating of actual receivables, the cash advance transaction will not be considered a loan and not subject to commercial usury laws or state licensing laws that apply to traditional loan transactions.

If one reviews the Common Law, one will find that for a Florida “Merchant Cash Advance” to be found to be a Loan, and subject to a state usury laws as well as licensing requirements, the advance must be repayable by a Merchant to the Funder no matter what happens and without exception.

On the other hand, Florida MCA Law holds that if the obligation to repay is conditional with exceptions to repayment, the transaction generally will not be a Florida loan. This Common Law rule applies to Florida as well as all 50 States.

COURTS VIEW ON A LOAN VERSUS A MERCHANT CASH ADVANCE IN FLORIDA

The archetypal description of whether a transaction is a sale of future receivables or a loan, the U.S. Second Circuit Court of Appeals described the distinction as follows:

A sale is the transfer of property in a thing for a price in money. The transfer of the property in a thing sold from a buyer to a seller for a price is the essence of the transaction. And the transfer is a transfer of the general or absolute property as distinguished from a special property.

A loan of money is a contract by which one delivers a sum of money to another and the latter agrees to return at a future time a sum equivalent to that which he borrows. In order to constitute a loan there must be a contract whereby, in substance one party transfers to the other a sum of money which that other agrees to repay absolutely, together with such additional sums as may be agreed upon for its use. If such be the intent of the parties, the transaction will be considered a loan without regard to its form. In re Grand Union Co., 219 F 353, 356 (2d Cir. 1914) (internal citations omitted) (cited as the “classic definition of a loan” by Cazenovia College v. Renshaw, 222 F.3d 82 (2d Cir. 2000)). Therefore, provided the Merchant Cash Advance transaction does not require the Merchant to “repay the MCA loan absolutely,’ such a transaction should not be considered a loan. If a merchant cash advance transaction is deemed to be an unconditional promise to repay, a court may re-characterize it as a loan.”

SOLUTIONS

The answer to dealing with a delinquent Florida MCA loan or one that is eating away at all your hard earned revenues is to face the Florida Merchant Cash Advance funder on equal footing, by retaining an attorney with more than 17 years of Debtors Rights experience and 10 years of Merchant Cash Advance law for borrowers. With the help and expertise of a Florida Merchant Cash Advance Attorney, your contract will be reviewed for legality, your story and facts will be listened to and acted upon if there are any illegalities. A qualified law firm will to prove the transaction to be illegal, flawed or fraudulent as well as have it ruled to be a loan and thus sue for usury and attorney’s fees if applicable. Your Florida Merchant Cash Advance Attorney will amongst many other legal tools argue some of the following (if applicable):

Prove the entire Florida MCA deal to be a loan and subject to Florida usury law. Florida Merchant Cash Advance funders claim their businesses to be legal. However, if your Florida Merchant Cash Advance Attorneys discover any illegalities in the Florida Merchant Cash Advance Contract or facts that create a loan rather than a Merchant Cash Advance, they will use this to force a settlement in your favor or to sue the Florida MCA funder for fraud. 

These rights can be invoked and protected immediately upon retaining a Florida MCA attorney.  Select a Florida Merchant Cash Advance Attorney to analyze your MCA transaction, facts and Contract for flaws and illegalities and have them take action on your behalf, to the fullest extent of the law.

Grant Phillips Law seeks justice for our clients and we stand shoulder to shoulder with you as you battle the Florida Merchant Cash Advance funder. At Grant Phillips Law you are never alone. Contact: You will ALWAYS speak to one of our attorneys, never support staff and you will be provided with the personal cell phone of your lawyer. Our fee is a one-time flat fee. Cost: Data over the last 7 years has shown our law firm to be the cheapest Merchant Cash Advance Law Firms in the USA. Our Legal Representation Fee is cheaper than any other MCA law firm or Debt Settlement Company throughout the country. [Bring a verified representation proposal from another law firm and we will match it and discount it by 10%. Expertise: 17 years Debtor Representation. 10 years of MCA representation of Merchants. Thousands of Bankruptcies filed.

Grant Phillips Law is unafraid to obtain justice for our Merchant clients. As such, if we find fraud or other illegalities in your case, we will consider suing the funder accordingly. To date this law firm has obtained numerous multi-Million Dollar Settlements for clients who are victims of fraud. We have sued funders for large cash settlements and if your case warrants it, we will do the same for you.

Don’t take it on the chin. Preserve your opportunity to get true justice for the crazy interest you have paid to the Florida Merchant Cash Advance funder who is debiting your business daily.

Florida Merchant Cash Advance Law has held that to be a legal Florida Merchant Cash Advance the transaction better “walk, talk and act” like a real Florida Merchant Cash Advance versus a loan merely dressed up as an MCA.

Merchant Cash Advance Attorney Florida

Did you know?

New York (the epicenter of MCA) enacted a law in September 2019 banning New York Funders from issuing a Confession of Judgment to an out of State borrower like a Florida Resident. For example a borrower from Florida takes out an MCA from a New York based MCA funder, that funder cannot issue the Florida based borrowing Merchant a Confession of Judgment / COJ.

 

  • Did you sign a Confession of Judgment?
  • Did you sign a legal document called an “Agreed to Judgment?”

Contact the Attorneys at Grant Phillips Law, PLLC. Your Merchant Cash Advance Attorneys in Florida to preserve your legal rights, enforce those rights and protect you and your business in Florida.

Are you a Florida resident? Send Grant Phillips Law your Merchant Cash Advance contract for a free legal review and analysis for compliance with Merchant Cash Advance Law in Florida

 

Grant Phillips Law, your Florida Merchant Cash Advance Attorneys.

Fighting, Settling and Litigating for Merchants across Florida and the entire United States.

The experienced and compassionate lawyers at Grant Phillips Law can help you evaluate your Merchant Cash Advance contract for strict compliance with Florida MCA Law. Your Merchant Cash Advance Attorney Florida.

 

Merchant Cash Advance Attorney Florida

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 MCA Funder. Her Patented technology allowing for the splitting of credit card sales was a major step in the birth and growth of the MCA world. Later her company would become CAN Capital.

 

Merchant Cash Advance Attorney Florida

Did you know?

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

 

Merchant Cash Advance Attorney Florida

Did you know?

The attorneys at Grant Phillips Law, PLLC have seen cases where the effective APR on a Merchant Cash Advance exceeded 1,900%

If you Florida Merchant Cash Advance position is eating away at your business cash flow and revenues, don’t hesitate to contact Florida Merchant Cash Advance Attorneys Grant Phillips Law, PLLC – serving clients in Florida and across all 50 States. Merchant Cash Advance Attorneys for you in Florida AND Across the United States.

 

Merchant Cash Advance Attorney Florida

Did you know?

In Florida there is no licensing requirement to become an MCA lender or broker! Some States are beginning to take a look at this, but at present no background checks, licensing, bond requirements or laws exist, to govern the creation of a Merchant Cash Advance funder and or broker.

Merchant Cash Advance Attorney Florida

You have questions: We have answers.

  • Is my bank account safe during settlement negotiations?
  • What is the Legal Representation Fee?
  • Can Grant Phillips Law handle a settlement with any funder?
  • Do the lawyers at Grant Phillips Law review and inspect each contract and all accompanying paperwork for flaws, illegalities, fraud or unreasonable clauses?
  • Will the funder continue to ACH my account during settlement negotiations?
  • Will the hiring of Grant Phillips Law end the phone calls, texts and constant harassment?
  • Should I change my credit card processing machine?
  • Should I switch my bank account?
  • What can I do during settlement negotiations?
  • How long does a settlement take?
  • Will a settlement show on my credit?
  • My funder is contacting my clients and receivables, will a settlement put a stop to it?
  • Is the law firm of Grant Phillips Law equipped to tackle any funder?
  • Can Grant Phillips Law represent me if I am a resident in a State out of Florida? Can you put an end to daily payments?
  • Are you able to put me into a Monthly payment plan?
  • Can you lower my principal?
  • What if I payoff my loan early?
  • How does a settlement work when I have multiple or stacked positions?
  • Does Grant Phillips Law obtain a formal Stipulation of Settlement Agreement documenting the settlement?
  • What happens to my Merchant Cash Advance loans if I file bankruptcy?
  • What happens to the personal guarantee when a settlement is reached?
  • If a Judgment has already been filed against my business and I, can it be vacated?
  • What is a reconciliation? How does it help me? Will it lower payments?

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

Let us take the stress and sleepless nights away and help you get your business back on track. You have 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 Attorney Florida

 

Merchant Cash Advance Attorney Florida

Can Grant Phillips Law help me with my MCA positions?

Yes, Grant Phillips Law has successfully negotiated settlements with most of the Merchant Cash Advance funders existing throughout the United States. Our law firm has settled Merchant Cash Advance loans with almost every funder, Grant Phillips law has seen it and settled it. You’re Florida Merchant Cash Advance Attorneys.

 

 

Merchant Cash Advance Attorney Florida

Which MCA funders has your Law Firm settled a Florida Merchant Cash Advance loan with?

The following is a sample list of many of the funders Grant Phillips Law have negotiated with successfully. Please note: if you do not see your specific funder listed, it is still very likely that we have negotiated and settled a Merchant Cash Advance loan with them but they are not listed here because this list is only a sampling of Merchant Cash Advance funders we have worked with:

1st Global CapitalBluevine Capital IncEpic Advance, IncInfinity Capital FundingMerchant Cash FundingQuick Cash Business Services
1st Global Systems (Hallandale)Boca Capital PartnersEverest Business FundingIou FinancialMerchant Cash GroupRapid Capital Funding
1St Merchant FundingBolstrExpansion Capital GroupIrn Payment SystemsMerchant Funding Services LLC (Yellowstone)Rapidadvance
6th Avenue CapitalBushwich Merchant ServicesExperience FinanceItriaMerchant Resources InternationalRedFynn
Accel Capital,Inc.Business Consulting OptionsExpress Working CapitalJet CapitalMerchants Capital AccessRegalcapital,Inc.D/B/Aregalcaptalgroup
Accel Direct Funding, LLCBusiness Credit And CapitalFactor FundingKabbageMFS GlobalRetailcapital / Credibly
Accord Business FundingBusiness Financial ServicesFinancing Solutions LLCKalamata CapitalMl FactorsRichmond Capital
Ace Funding Source, LLCCan CapitalFinish Line CapitalKash CapitalMoney For MerchantsRomi Merchant Services
Ach CapitalCan CapitalFirst DataKingdom KapitalMother FundingSecond Chance Funding, LLC
Ach Capital, LLCCan Capital (Continued)Fora FinancialKings Cash Group, LLCNational FundingSmart Business Funding
Advance Funds NetworkCapcall LLCFora Financial Business Loans, LLC.Knight Capital FundingNational Funding IncSmart Choice Capital
Advanced Merchant ServicesCapital Advanced ServicesForward FinancingKnight Capital FundingNew Era Lending LLCSnap Advance
Aj Equity GroupCapital For MerchantsForward FinancingLandmark Funding, LLCNew Logic Business LoansSnap Advances
Aliant Payment SystemsCard Payment SolutionsForward Line Financial Nextwave Enterprises, LLC.Solupay
Alpha Capital Source, Inc.Cash Cow Capital LLCFox Business Funding NextWave FundingSOS Capital
Amazon Capital ServicesCenterboard FundingFundationLegend Funding (No Coj)On DeckSpg Advance LLC.
American Allied FundingCentral Diligence Group (Cdg)Fundation Group, LLCLendfiOne Park FinancialSrs Capital Funds
American Capital AdvanceCFG Merchant SolutionsFundboxLending ClubPar FundingSterling Funding
American ExpressCfg Merchant SolutionsFunding CircleLendioPayabilityStrategic Funding Source
American Finance SolutionsCommercial Merchant FundingFunding Circle (Fc Market Place)LendrPaypaySuperior Capital
American Merchant Receivables LLCCommonwealth Merchant Advance, Inc.Funding Metrics, LLC. (Lendini)Lendr Aka Lendr.Online, LLC.Pearl BetaSwift Capital
American Stimulus FundingCorona AdvancesFundworksLiftforwardPearl CapitalThe Business Backer
Americas Business CapitalCorporation Service CompanyFundzioMantis FundingPinnacle Merchant AdvanceTrsource,LLC.
Amerimerchant/CapifyCorporation Service Company (Continued)Gbr Funding IncMaverick CapitalPirs CapitalTsvidavisa/K/Astevedavis
ArcariusCredibility Capital IncGibraltar Capital AdvanceMax AdvancePlatinum Funding ServicesTzvireicha/K/Asteve Reich
Arf FinancialCrediblyGreen CapitalMax Merchant FundingPledgeCapUnited Payment Services
Balboa CapitalCredibly – Retail Capital LLCGreen Growth FundingMckenzie Capital LLCPowerup Lending Group, Ltd.Uplyft Capital
Balboa Capital CorporationDb Squared IncGreenbox CapitalMerchant AdvancePremium Merchant Funding One, LLCViking Funding Group
Bankcard Funding/Partners FundingDf Merchant AdvanceGrp FundingMerchant Advance Funding LpPrimary CapitalWall Funding
Bankers Healthcare Group Inc.Direct Capital CorporationGtr Source, LLC.Merchant Advance PartnersPrincipis Capital LLCWall Street Funding
Beacon Payments, LLC.Direct Merchant Funding LLCHappy Rock Merchant SolutionsMerchant Advance PayProfessional Merchant Advance CapitalWellen Capital (Gibraltor)
BFS CapitalEbf (Everest)Hop CapitalMerchant Business Credit, Inc.Promed Healthcare FinancingWorld Business Lenders
Bitty LLCEin CapHunter CarolineMerchant Capital SourceProsperity Gold CapitalWorld Global Financing
BizfiElevate FundingICBA BancardMerchant Cash Advance Of TexasQuarterspot IncWPrincipis Capital
BizfundsEmpire FundingIn AdvanceMerchant Cash And CapitalQuick Bridge FundingYalber
     Yellowstone Capital

 

If you are a Florida resident or have a Florida business and have taken out an MCA position with an MCA funder, whether the funder is based in Florida or anywhere across the entire United States, contact the law firm of Grant Phillips Law, PLLC.

We are Florida Merchant Cash Advance Attorneys with the knowledge and experience to handle all your Florida Merchant Cash Advance positions, even if they originated from outside Florida for example New York State. If you signed a Confession of Judgment with your MCA Contract, reach out to your Florida Merchant Cash Advance Attorney for help and advice. 

516.670.5165

www.grantphillipslaw.com 

 

GRANT PHILLIPS LAW, PLLC. Assisting Merchants across the United States including:

New York, Florida, Texas, California, Alabama, Arizona, Connecticut, Ohio, Mississippi, Missouri, Nevada, New Jersey, Wisconsin, Wyoming, Illinois, Georgia, North Carolina, South Carolina, Virginia, West Virginia, Louisiana, Pennsylvania, Maryland, Rhode island, Massachusetts, Alaska, Montana, New Mexico, Oregon , Washington State, Washington DC, Colorado, Idaho, Utah, Kansas, Minnesota, Nebraska, South Dakota, North Dakota, Oklahoma, Michigan, Arkansas, Iowa, Tennessee, Kentucky, Indiana, Maine, Vermont, New Hampshire, Hawaii, Delaware.

Grant Phillips Law PLLC

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670 Long Beach Boulevard, Long Beach, NY 11561 (516) 670-5165