As a law firm dedicated to representing merchant cash advance funders, our collections attorney helps you recover funds when merchants default on their agreements. With relevant experience in collections litigation, we offer legal strategies designed to protect your investment and secure the payments you’re owed. Whether you’re a small business funder or a large-scale creditor, we provide the expertise needed to navigate the complexities of MCA debt recovery.
A collection attorney is a legal professional who recovers unpaid debts on behalf of creditors. For MCA funders, we act as your experienced litigation attorneys, aggressively pursuing defaults to ensure your financial interests are safeguarded. Unlike consumer debt, MCA collections involve commercial entities, requiring tailored approaches that fall outside the Fair Debt Collection Practices Act (FDCPA).
Unlike consumer debts, MCA defaults are commercial, meaning the FDCPA doesn’t apply. This allows for more aggressive collection strategies tailored to your needs as an MCA funder. For more on debt collection laws, visit the Consumer Financial Protection Bureau (CFPB). Our role is to provide legal representation to funders, ensuring compliance and maximizing recovery, distinct from consumer-focused attorneys.
When merchants fail to pay, you might consider a collection agency, but a collections attorney offers distinct advantages:
Legal Expertise: We can file lawsuits, secure a judgment, and enforce a judgment lien on a merchant’s property, capabilities beyond an agency’s reach.
Higher Success Rates: With tools like UCC lien notices and demand letters, we increase the likelihood of payment, leveraging creditors’ rights.
Faster Resolutions: Our ability to initiate litigation expedites recovery, minimizing delays for your small business.
For MCA funders, hiring an experienced collection attorney means partnering with a team that understands your unique needs and delivers results. For more on this, see our blog here.
As your collections attorneys, we employ a comprehensive strategy to recover your MCA funding efficiently. Our focus is on protecting creditors’ rights while avoiding unnecessary costs or delays.
Before escalating to litigation, we explore options like payment plans and settlements. These pre-litigation efforts aim to resolve the debt quickly, saving you time and resources.
A UCC lien notice is a powerful tool we use to assert your claim on a merchant’s property. By filing a UCC-1 financing statement, we create leverage, often prompting merchants to pay to avoid further legal action. This step reinforces your position as a creditor without immediate courtroom involvement.
Our demand letters are direct and authoritative, outlining the merchant’s obligations, the consequences of non-payment, and a clear deadline. Crafted by experienced litigation attorneys, these letters drive results, protecting your investment in New York’s competitive financial landscape.
If pre-litigation efforts fail, we’re ready to escalate. As your litigation attorneys, we’ll file a lawsuit to secure a judgment, enabling enforcement actions like wage garnishment or asset seizure. In rare cases, we may pursue replevin to recover specific property securing the debt.
Struggling with defaulted merchants? Don’t let unpaid debt hinder your success. Contact us today for a free consultation with skilled collection attorneys. We’ll assess your case, discuss your options—including creditors’ rights in bankruptcy proceedings if applicable—and develop a plan to recover your funds.
When selecting a collections attorney, experience matters. We’re licensed to practice law in multiple states and in good standing with the state bar organization.
We have proven success in MCA collections litigation, including a deep understanding of MCA agreements and creditors’ rights, and a track record of securing payments for funders like you.
At David I. Mizrahi Law, P.C., we take on the burden of pursuing defaulted merchants, allowing you to focus on growing your business. From sending demand letters to filing lawsuits, we provide the legal support you need to succeed.
Schedule your free consultation with our lawyer today and take the first step toward recovering what you’re owed.