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Crushed by Merchant Cash Advance Debt? We’ll Fight For You

You took out a merchant cash advance to grow your business – but now, those daily payments are crippling your cash flow. The MCA company is hounding you, threatening lawsuits, and you’re drowning in debt. What do you do? You fight back – with a battle-tested Denver MCA attorney in your corner.

The Merchant Cash Advance Trap

MCAs are marketed as easy, fast access to capital with minimal paperwork. But the reality is, they come loaded with:

  • Outrageous interest rates from 30-300% APR 
  • Confessions of judgment letting them seize assets without notice 
  • Personal guarantees putting your personal wealth at risk 
  • Aggressive collections tactics like freezing accounts 

It’s a debt trap, pure and simple. And when you can’t make those massive daily payments anymore, the threats start rolling in.

When to Lawyer Up

Don’t wait until it’s too late. If any of these apply, it’s time to call a Denver MCA lawyer:

  • You’re behind on payments and getting collection calls 
  • They’re threatening to sue or have already filed suit 
  • They’ve obtained a judgment against you or frozen assets 
  • You suspect they violated lending laws like usury caps 
  • They’re harassing you or contacting your customers directly 

An experienced attorney can review your agreement, determine if the MCA company broke any laws, and advise you on all your options to fight back.

How an MCA Lawyer Defends You

A skilled Denver MCA attorney has multiple weapons to deploy, including:Negotiating reduced payments or settlements  – Your lawyer can go to bat to make the debt manageable through affordable new terms.Attacking the contract’s legality  – Many MCA agreements contain illegal provisions like excessive interest rates over usury limits. Your attorney can seek to invalidate the entire contract.Filing counterclaims and affirmative suits  – If the MCA company violated lending laws, you may be able to sue them for damages and violations.Defending against lawsuits  – When they come at you, your lawyer can fight back with procedural defenses, motions to dismiss, and more.Eliminating debt through bankruptcy  – Chapter 7 or 11 bankruptcy may discharge all or part of the MCA debt when all else fails.The options are there – but only if you have a tenacious MCA lawyer making your case.

See also  Georgia MCA Defense Lawyers

Finding the Right Denver Attorney

Not all lawyers are equipped to take on the MCA industry’s army of corporate attorneys. You need a Denver firm that:

  • Specializes in MCA cases and state lending laws 
  • Has a track record of MCA victories 
  • Offers affordable rates for cash-strapped businesses 
  • Responds rapidly to your calls and the MCA company 
  • Will take your case as far as needed, whether settlement or court 

It’s simple: every single client deserves honesty and white-glove service from an MCA expert who will leave no stone unturned to win.

What if the MCA Company Sues?

If you’re served with a lawsuit, act fast. You typically have just 20-30 days to respond with an official legal Answer. In that Answer, your attorney can:

  • Deny the MCA company’s claims point-by-point 
  • Assert all possible defenses like illegal interest rates 
  • File counterclaims for damages from illegal practices 
  • Attack problematic contract provisions like confessions of judgment 

Fail to respond in time, and you may automatically lose. But with a skilled lawyer handling your Answer and defense strategy, you can fight back hard.

Hypothetical Scenario: Defaulting on Payments

Let’s say you took a $50,000 merchant cash advance at 120% interest to be paid back in 12 months. That’s over $100,000 you’d owe – paid through a cut of your daily debit and credit card sales.But six months in, your sales slump. You can’t afford those massive daily payments anymore, and you default.The MCA company immediately starts calling and emailing nonstop, demanding payment. They threaten to sue you personally thanks to that personal guarantee clause. You panic – until you hire a Denver MCA lawyer. Your attorney reviews the contract and sees multiple potential violations:

  • The interest rate of 120% may exceed Colorado’s usury limits 
  • The MCA company never registered as a lender as required 
  • The confession of judgment clause is unenforceable 
See also  Arkansas MCA Defense Lawyers

Armed with this information, your lawyer can:

  1. Negotiate with the MCA company to reduce or restructure the payments to an affordable level based on current cash flow.
  2. If they refuse, file an Answer denying the debt is valid and asserting violations of state lending laws as defenses.
  3. Potentially file counterclaims against the MCA company for damages from illegal lending practices.
  4. Take the case to court if needed to argue for voiding the contract and eliminating or reducing the debt.
  5. Use bankruptcy as an absolute last resort to discharge the remaining debt.

The options are there – but only if you have a skilled MCA lawyer making your case from day one.

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"
$500,000 MCA Restructured Over 3 Years
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$350,000 MCA Restructured Over 2 Years

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