MCA Merchant Cash Advances Law Firm

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MCA Merchant Cash Advances Law Firm
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An Intelligent, Assertive MCA Lawyer Serving Businesses Throughout The Nation

Merchant Cash Advance Attorney Serving Oregon

Last updated on December 17, 2024

All across Oregon, small and medium-sized businesses are resorting to merchant cash advances (MCAs) as a convenient way to meet short-term financial needs.

MCAs do promise quick access to capital without the extensive credit checks typical of traditional loans. However, if they are not paid off promptly, the consequences can be very negative.

MCA lenders may pursue default judgments or place UCC (Uniform Commercial Code) liens against your business’s receivables. These can block your business from accessing its own funds until you fully repay the MCA. Your business could be dead in the water.

You Can Fight Back Against Unfair MCA Collection Tactics

At Merchant Cash Advance Law Firm P.C., attorney Dominick Dale offers robust defense against such aggressive collection actions. He fights for real merchant cash advance debt relief for Oregon businesses.

Based in New York, attorney Dale represents clients nationwide, including throughout Oregon in areas like Portland, Salem, Eugene, Gresham and Hillsboro. His focus on MCA issues enables him to fight effectively against default judgments and UCC liens. He then uses the leverage gained to negotiate debt settlements under more favorable terms.

Oregon businesses that are affected by MCAs can reach out at any time for a free 30-minute consultation. Merchant cash advance attorney Dominick Dale is available 24/7 to discuss your case. Call 855-339-6593 or email the firm today.

Do Oregon’s Regulations On Payday Lending Apply To MCAs?

No. Oregon does have strict regulations for payday loans, which are similar to merchant cash advances (MCAs) due to their structure and target demographics. Both types of loans provide quick financial relief, and both can have extremely unfavorable repayment terms.

Despite these similarities, Oregon’s regulations for payday loans do not cover MCAs. This is simply because they are considered business-to-business transactions, not consumer lending transactions.

For the same reason, the Fair Debt Collection Practices Act, which protects consumers against abusive debt collection practices, does not apply to MCAs.

This Regulatory Gap Allows Unfair Tactics

This lack of regulation leaves a significant regulatory gap. This gap allows MCA lenders to set unfavorable loan terms and to engage in aggressive collection tactics. They do not face the boundaries typically imposed on consumer lending.

This lack of regulation might seem to give MCA lenders free rein, but businesses are not utterly without recourse:

  • Legal representation: Businesses can seek experienced legal counsel to contest harsh MCA terms.
  • Negotiation: Often, attorney Dominick Dale is able to renegotiate MCA agreements to terms that are more favorable to the business.
  • Legal challenges: If the MCA lender uses deceptive or unfair collection practices, attorney Dale can challenge them in court.

Understanding these options is crucial for any Oregon business owner who is considering an MCA or facing difficulties with an existing one. An experienced merchant cash advance attorney like Dominick Dale can help you understand your options and pursue debt relief aggressively.

Can An MCA Lender Get A Lien Against Your Receivables?

Yes. Merchant cash advance (MCA) lenders can sometimes place Uniform Commercial Code (UCC) liens on a business’s receivables.

A UCC lien allows the MCA lender to intercept funds that are due to your business from customers or payment processors. That disrupts your business operations by diverting its operational funds to repayment of the MCA.

The effects of a UCC lien include:

  • Intercepted payments: This interception of payments hampers your daily operations.
  • Damaged credibility: The presence of a lien could lead to a loss of trust from customers and suppliers, harming your business relationships.
  • Complicated financial operations: With funds being redirected to satisfy the lien, managing day-to-day financial commitments becomes increasingly challenging.

Attorney Dominick Dale has nearly two decades of experience handling MCA defense. He employs several legal strategies to combat these liens effectively:

  • Review of the legal documents: He challenges whether the MCA lender followed all legal rules when securing the lien. Any failures on the lender’s part could invalidate the lien.
  • Negotiation with lenders: Attorney Dale is skilled in negotiating with lenders to secure better repayment terms or to get the lien removed entirely.
  • Legal representation: If negotiations do not yield results, he can take direct legal action to challenge the validity of the lien. This involves presenting a case in court to argue against the legitimacy or fairness of the lien.

Seeking to remove a UCC lien requires a strategic and aggressive approach. With attorney Dominick Dale’s experience and skill, businesses have a fighting chance to remove or adjust the terms of UCC liens. If your business is struggling with a UCC lien, consult with experienced merchant cash advance attorney Dale right away.

What If Your MCA Lender Got A Default Judgment Against You?

A default judgment represents a significant challenge for any business. It can arise when an MCA lender files a lawsuit against a business and that lawsuit goes unanswered.

Often, the reason these lawsuits go unanswered is that the business never received proper notice of the lawsuit or misunderstood the importance of the summons.

Regardless, when a business fails to respond to a lawsuit, the court will enter a default judgment. This allows the lender to take aggressive collection measures. These could include bank levies and, in some cases, personal wage garnishments.

Attorney Dominick Dale can move forward immediately to protect your business:

  • Investigation of the service process: Attorney Dale can investigate whether you were properly served according to legal standards, which is often an issue in default judgment cases.
  • Legal defense preparation: If the case goes to court, he can prepare a robust defense focusing on any legal issues with the lender’s conduct or in the original loan agreement.
  • Asset protection: He will implement strategies to protect your assets from seizure, giving your business breathing space.

Attorney Dale understands the critical nature of these judgments and acts swiftly:

  • Motion to vacate: He will file a motion to vacate the default judgment. This legal maneuver challenges the default judgment’s validity on grounds like improper service or procedural deficiencies.
  • Renegotiation of terms: Vacating a default judgment opens the door for renegotiating the terms of the debt. This could lead to more favorable terms that allow for sustainable repayment.
  • Continuation of business operations: By addressing the default judgment promptly, attorney Dale helps ensure that your business can continue its operations.

Dealing with a default judgment may seem insurmountable. However, with targeted legal action and experienced advocacy from attorney Dominick Dale, it is possible to limit the damage of an MCA.

Get A Free 30-Minute Consultation With An Experienced Merchant Cash Advance Attorney Now

Don’t let a merchant cash advance threaten your business’s stability in Oregon. Contact Merchant Cash Advance Law Firm P.C. for a free 30-minute consultation with attorney Dominick Dale. Discover your options and start regaining control over your business finances today.

Call 855-339-6593 or email the firm now. The sooner you get in touch with a lawyer, the more legal options you may have.