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MERCHANT CASH ADVANCE ATTORNEY -FLORIDA
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.
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.
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 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 | Nextwave Enterprises, LLC. | Solupay | |
| Alpha Capital Source, Inc. | Cash Cow Capital LLC | Fox Business 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 |
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
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.
