Chat with us, powered by LiveChat

Boston, MA Merchant Cash Advance Defense Lawyers

Are you a small business owner in Boston struggling with a merchant cash advance (MCA) lawsuit? You’re not alone. We’ve seen countless entrepreneurs face aggressive collection tactics and predatory lending practices from MCA companies. But there’s hope. With the right legal strategy, you can fight back and protect your business.

At Delancey Street, we’re passionate about defending Boston businesses against unfair MCA practices. Our experienced attorneys understand the complexities of these cases and know how to level the playing field. Let’s dive into what you need to know about MCA defense in Boston.

Understanding Merchant Cash Advance Lawsuits in Boston

Merchant cash advances might seem like a quick fix for cash flow issues, but they often lead to a cycle of debt that’s hard to escape. When businesses can’t keep up with the daily or weekly payments, MCA companies are quick to file lawsuits – often in New York courts, regardless of where your business is located.

Here’s what typically happens:

  1. You default on payments
  2. The MCA company files a lawsuit, often seeking a default judgment
  3. They may freeze your bank accounts or file UCC liens against your business assets
  4. You’re left scrambling to defend yourself and keep your business afloat

It’s a scary situation, but you have options. The key is understanding the nature of these lawsuits and acting quickly to protect your rights.

The Legal Landscape in Massachusetts

Massachusetts has some of the strictest usury laws in the country, capping interest rates at 20% for most loans. But here’s the catch – MCA companies argue their products aren’t loans, but “purchases of future receivables.” This clever wordplay allows them to charge effective APRs of 200% or more.

See also  Alaska Merchant cash Advance Defense Lawyers

In the landmark case K9 Bytes, Inc. v. Arch Capital Funding, LLC, 57 N.Y.S.3d 625 (N.Y. Sup. Ct. 2017), the court examined whether MCA agreements constituted loans subject to usury laws. The key factors they considered included:

  • Whether repayment was absolute or contingent on the merchant’s success
  • The presence of reconciliation provisions
  • Indefinite repayment terms
  • Recourse options in case of bankruptcy

This case highlights the importance of carefully analyzing the specific terms of your MCA agreement when building a defense strategy.

Assessing the Validity of Your MCA Lawsuit

When you’re hit with an MCA lawsuit, your first step should be to assess its validity. Not all lawsuits are created equal, and there may be flaws in the case against you that we can exploit.

Here are some key questions we’ll ask when reviewing your case:

  1. Was the MCA agreement properly executed?
  2. Did the MCA company follow all required disclosure laws?
  3. Are there any signs of fraud or misrepresentation in the original agreement?
  4. Has the MCA company violated any debt collection laws in pursuing you?

Remember, just because you signed an agreement doesn’t mean it’s enforceable. In Tender Loving Care Homes Inc. v. Reliable Fast Cash, LLC, 172 N.Y.S.3d 335 (N.Y. Sup. Ct. 2022), the court dismissed usury claims but allowed an unjust enrichment claim to proceed due to allegations of unrecorded payments. This shows that even with a valid contract, there may be grounds to challenge the MCA company’s actions.

Gathering Evidence to Support Your Defense

Building a strong defense requires solid evidence. We’ll work with you to gather all relevant documentation, including:

  • The original MCA agreement
  • All communication with the MCA company
  • Bank statements showing payments made
  • Any evidence of hardship or changed circumstances that affected your ability to pay
See also  Arkansas Bankruptcy Defense Lawyers

It’s crucial to be thorough. Even small details can make a big difference in court. For example, if the MCA company failed to credit a payment or miscalculated the amount owed, it could undermine their entire case.

Identifying Potential Legal Defenses

Every case is unique, but there are several common defenses we often employ in MCA lawsuits:

  1. Usury: While challenging due to the “purchase of receivables” structure, we may argue that the agreement is a disguised loan subject to usury laws.
  2. Unconscionability: We can argue that the terms of the agreement are so one-sided and unfair that they shouldn’t be enforced.
  3. Fraud or Misrepresentation: If the MCA company misled you about the terms or nature of the agreement, we may have grounds to void the contract.
  4. Violation of State Laws: We’ll examine whether the MCA company complied with all relevant Massachusetts laws, including the Consumer Credit Cost Disclosure Act.
  5. Improper Collection Practices: If the MCA company has engaged in harassment or other illegal collection tactics, we can use this to strengthen your position.

In 92 Palm Foods LLC v. Fundamental Capital LLC, a New York court examined claims of coercion, criminal usury, and unconscionability in an MCA agreement. While the court ultimately upheld the agreement, the case illustrates the importance of thoroughly examining all potential defenses.

Negotiating with Your Lender

Sometimes, the best defense is a good offense. We often find that MCA companies are willing to negotiate once they realize you have strong legal representation. Our goal is to reach a settlement that:

  • Reduces the total amount owed
  • Eliminates or reduces additional fees and interest
  • Establishes a manageable repayment plan
See also  Arkansas Merchant cash Advance Defense Lawyers

We’ve successfully negotiated settlements that reduced balances by 30-70% and converted daily or weekly payments to more manageable monthly installments.

Preparing for Court Proceedings

If negotiation isn’t successful, we’ll prepare to defend you in court. This involves:

  1. Filing a comprehensive answer to the complaint, including any counterclaims
  2. Conducting thorough discovery to uncover any weaknesses in the MCA company’s case
  3. Preparing you for depositions and potential testimony
  4. Developing a compelling narrative that presents your side of the story

Remember, many MCA companies rely on default judgments. Simply showing up and mounting a defense can often lead to a more favorable outcome.

How We Can Help

At Delancey Street, we’re committed to helping Boston businesses fight back against predatory MCA practices. Our team of experienced attorneys understands the nuances of these cases and knows how to build effective defense strategies.

We offer:

  • Free initial consultations to assess your case
  • Aggressive representation in and out of court
  • Expertise in negotiating favorable settlements
  • A track record of success in MCA defense cases

Don’t face this challenge alone. Contact us today to learn how we can help protect your business and your future.

Remember, time is of the essence in these cases. The sooner you act, the more options you’ll have. Let’s work together to defend your business and secure your financial future.

Delancey Street is here for you

Our team is available always to help you. Regardless of whether you need advice, or just want to run a scenario by us. We take pride in the fact our team loves working with our clients - and truly cares about their financial and mental wellbeing.

"Super fast, and super courteous, Delancey Street is amazing"
Leo
$500,000 MCA Restructured Over 3 Years
"Thanks for helping me in literally 24 hours"
Jason
$250,000 SBA Loan Offer in Compromise
"Great choice for business owners who need a trustworthy partner"
Mary
$350,000 MCA Restructured Over 2 Years

In The Media

Delancey Street CEO discusses ways to reward employees
Delancey Street CEO discusses the benefits of franchising on Forbes.
Delancey Street CEO discusses management on AMEX.
Sacramento, CA Bankruptcy Defense Lawyers

Sacramento, CA Bankruptcy Defense Lawyers: Your Financial Lifeline Are you…

Sacramento, CA Merchant cash Advance Defense Lawyers

Sacramento, CA Merchant Cash Advance Defense Lawyers Are you a…

Mesa, AZ Bankruptcy Defense Lawyers

Mesa, AZ Bankruptcy Defense Lawyers Introduction Feeling overwhelmed by debt? You’re…

Mesa, AZ Merchant cash Advance Defense Lawyers

Mesa, AZ Merchant Cash Advance Defense Lawyers Introduction: Understanding the…

Tucson, AZ Business Debt Relief Lawyers

Tucson, AZ Business Debt Relief Lawyers Navigating the turbulent waters…

Delancey Street simply gets it. You're talking to experts.
Steven Norris
Get Help Today

Ready To Get Started?

If you have questions, feel free to shoot us an email, or fill out our live chat.

Schedule Consultation