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Tucson MCA Defense Business Debt Relief
If you run a small business in Tucson and are struggling with merchant cash advance (MCA) debt, you may be feeling overwhelmed and not sure where to turn. At Delancey Street, we understand the complexities of MCA loans and how predatory some providers can be. Our dedicated team can help you understand all your options for finding relief from MCA debt.
How We Can Help
As a business owner with MCA debt, you have rights and options. But the MCA industry does not always make this clear. At Delancey Street, our attorneys and financial experts work on your behalf to:
- Negotiate with MCA providers for settlement or restructuring of your loan
- Build legal arguments and defenses to fight unfair loan terms
- Explore bankruptcy or other options if settlement cannot be reached
We take an empathetic, customized approach to every client. Our goal is to alleviate your financial stress so you can get back to profitably running your business.
Common Problems with Merchant Cash Advances
Merchant cash advances can seem like an easy fix when you need fast capital for your business. But many Tucson companies soon regret taking on MCA debt due to issues like:
Excessively High Interest Rates
- MCA loans typically charge interest rates from 60% to as high as 400%. This makes the total payback amount vastly exceed the amount borrowed.
Difficulty Paying Back
- Many businesses struggle to keep up with MCA payback amounts drawn directly from their credit card sales and accounts receivable. This aggressive collection process can lead to falling further behind.
Vague or Misleading Terms
- MCA contracts often lack transparency or contain confusing terminology around rates, fees, and the loan amount. Critical information may only come out after signing.
Aggressive Collections
- Some MCA providers use threatening tactics to collect payments, including filing confessions of judgement that allow them to seize assets without notice.
If any of this sounds familiar, the attorneys and financial experts at Delancey Street can help. We start by thoroughly analyzing your MCA agreements to build legal arguments and defenses around unfair or predatory terms.
Our Step-By-Step MCA Debt Relief Process
Every business and situation is unique when it comes to finding relief from MCA loans. But generally, our process involves:
1. Comprehensive Case Analysis
- We fully examine your MCA agreements and financial status. This allows us to estimate potential settlement outcomes or build defenses to unfair/unenforceable contract terms.
2. Negotiations & Settlement Discussions
- We contact your MCA provider and negotiate firmly but fairly to reach a reasonable settlement or loan restructuring. Many cases resolve successfully during this stage.
3. Legal Action If Needed
- If the MCA provider refuses to settle, we explore legal options to fight the debt. This could involve filing claims over deceptive/illegal lending practices or using defenses like usury law violations.
4. Other Debt Relief Options
- If you ultimately cannot reach settlement and legal options are exhausted, we explain choices like bankruptcy that fully discharge MCA debt. We customize options to your unique situation.
While every case has uncertainties, our combination of legal and financial expertise puts the odds in your favor of finding relief from burdensome MCA debt.
Legal Arguments & Defenses Against MCA Loans
When MCA providers refuse reasonable settlement offers, legal action serves as an important tool to fight back against unfair debt collection and contract terms. Depending on the specifics of your case, potential arguments and defenses include:
- Usury Law Violations – If interest rates exceed state maximums, usury laws may make the loans void or uncollectible. Rates over 200% often violate usury caps.
- Deceptive or Misleading Practices – Predatory sales tactics and vague contract language may violate state and federal consumer protection laws. This can lead to damages and cancelled debt.
- Unconscionable Loan Terms – Courts often deem unreasonably unfair loan provisions unenforceable. This includes excessive rates/fees or lopsided arbitration clauses.
- Confessions of Judgement Issues – Improperly obtained or overly broad confessions of judgement expose lenders to counterclaims for abuse of process or fraud.
- Securities Violations – MCA contracts structured to evade state caps on interest rates may qualify as illegal securities offerings.
The attorneys at Delancey Street leverage arguments like these in negotiations and litigation to fight for fair treatment of our MCA clients. While legal action has risks, it opens doors for debt relief when settlement talks stall.
Alternatives to Litigation: Bankruptcy & Debt Settlement
If legal arguments and defenses ultimately do not resolve your MCA debt, alternatives like bankruptcy or debt settlement may make sense. These options have pros and cons to weigh:
Bankruptcy
- Pros – Bankruptcy legally eliminates (“discharges”) all or most MCA debt. This provides immediate and permanent relief.
- Cons – Bankruptcy damages credit and carries social stigma. And requirements like liquidating business assets can challenge small companies.
Debt Settlement
- Pros – Settling debt avoids bankruptcy impact on credit/reputation. And you keep managing business assets.
- Cons – Settlements often require lump-sum payments that small businesses cannot fund. And unsettled debt gets passed to collectors.
The Delancey Street team lays out exactly how these alternatives could impact your situation specifically. We help you make an informed choice aligned with your business goals and personal needs.
Why Delancey Street is Tucson’s Top Choice for MCA Relief
Delancey Street brings together attorneys, financial specialists, and debt negotiators to provide complete, customized MCA debt relief services. What sets us apart for Tucson business owners includes:Industry Leading Experience – Our nationwide team has top expertise across 100,000+ business debt cases of all types. Local clients benefit from true specialists.Holistic Process – We address every aspect of your situation – legal, financial, personal. Negotiated settlements consider your whole business well-being rather than just case details.Ethical Approach – You will receive fully transparent guidance at every stage. We reject overly aggressive tactics and only pursue good faith legal arguments.Customized Options – Each client has a unique path to relief based on their priorities, risk tolerance and resources. We personalize debt solutions.Client Advocacy Mindset – Our allegiance lies 100% with helping Tucson business owners…not banks or MCA firms. We fight for your rights.If you feel overwhelmed by MCA debt, the Delancey Street team will stand by your side and explore every potential option for finding relief. Contact us today at 212-210-1851 to start your free consultation or visit https://www.delanceystreet.com.
Frequently Asked Questions
Q: How long does the MCA debt relief process take?A: Every situation is different, but typically 2-6 months. Urgent legal issues can accelerate timeframes. Simple settlements may resolve faster. We continually update and advise you through each phase.Q: Can filing bankruptcy immediately discharge my MCA debt?A: Yes, bankruptcy can eliminate most or all MCA debt through discharge. However, requirements like liquidating business assets and the long-term credit impacts make it a tough choice for some small companies. That’s why we always explore settlement first before considering bankruptcy.Q: What information should I gather to start the relief process?A: Good information to have available upfront includes all MCA contracts you signed, correspondence with the MCA provider, cash flow statements, tax returns, and documentation around business assets/valuations and other liabilities. This aids our initial case analysis.Q: I missed MCA payments. Are legal defenses still an option?A: Yes. Missed payments give more angles to fight the MCA debt, such as arguing the collections process violates the original contract. We can leverage payment issues to aid settlement negotiations or boost defenses if we pursue legal action. Don’t hesitate to start the relief process.Q: Can you help if my assets are at risk from MCA collections?Yes, absolutely. We can quickly file motions to delay further collections activity pending settlement talks or litigation. Removing imminent threats to your business assets gives you crucial breathing room.
About Delancey Street
Founded in 2019, Delancey Street has quickly grown to become a national leader in negotiating, settling and restructuring small business debt – including complex merchant cash advance (MCA) loans. But what sets us apart is our dedication to providing caring, ethical and personalized guidance to every client.Our team of experts genuinely believe in standing up for small business owners against predatory lenders. We leverage extensive financial, legal and negotiating expertise to tilt situations in favor of our clients. But we always operate with integrity and compassion – rejecting overly aggressive tactics while finding ways to ethically resolve unmanageable debt.At Delancey Street, we see small businesses as the heart of local communities. Your success matters for strengthening towns, creating jobs and building futures. That’s why we fight so passionately on your behalf to resolve MCA debt and allow you to prosper. Contact us today to start your free consultation and put our small business advocates to work for you