Merchant cash advances (MCAs) have revolutionized business funding, delivering lucrative opportunities for funders—yet defaults can threaten returns without strategic legal action. At David I. Mizrahi Law, P.C., we focus on representing MCA funders across the state, guiding them through this dynamic landscape with confidence. As an experienced merchant cash advance attorney, bringing a seasoned perspective rooted in real-world business expertise, we enforce MCA agreements protecting funders and maximizing recovery post-default. In a competitive market, we’re your legal edge when stakes soar.
Merchant cash advances tie funding to future receivables. A weak MCA agreement may leave your investment at risk. As a merchant cash advance attorney, we step in with precision, ensuring your MCA deals stand firm. Whether funding startups or retailers, our law firm crafts solutions to safeguard your investment from the outset. Defaults can erode your capital, transforming potential gains into setbacks. Our MCA lawyer battles to protect your funding, shielding you from merchants who exploit weak deals or fail to honor commitments.
As a merchant cash advance attorney, we lock in clear repayment terms, often daily or weekly, with compliance to state lending laws and utilize recovery tools like UCC financing statements, UCC lien acknowledgments, reconciliation provisions, and default clauses. Our MCA firm tailors each merchant cash advance strategy to shield your capital, whether for a small business or larger enterprise. We negotiate terms that anticipate default risks, embedding robust enforcement clauses to fortify your deal against breaches.
An MCA isn’t a loan—it’s a purchase of future receivables, a distinction that shields it from usury laws, as upheld by New York courts like the Fourth Department in Samson MCA LLC v. Joseph A. Russo M.D. P.C. (2023). Courts apply a three-factor test to confirm this: (1) a mandatory reconciliation provision adjusting payments based on actual receipts, (2) an indefinite term with no fixed repayment schedule, and (3) no default triggered by a merchant’s bankruptcy filing. In Principis Capital, LLC v. I Do, Inc. (2022), the court emphasized that reconciliation provisions create a contingent repayment structure, negating loan classification—a principle we apply to safeguard your merchant cash advance funds.
Merchants often claim MCA agreements are usurious loans to avoid repayment, but we dismantle these defenses. Courts consistently rule that MCAs with reconciliation provisions and indefinite terms aren’t loans, as in Streamlined Consultants, Inc. v. EBF Holdings LLC (2022), where the court noted the absence of an absolute repayment obligation as key to rejecting usury claims. As your merchant cash advance attorney, we build agreements that courts recognize as legitimate purchases, ensuring your right to collect remains intact.
When merchants fail to pay, we attack with relentless focus, representing MCA funders to transform defaults into victories. Our MCA law firm counters debtor tactics with honed strategies, starting with pre-suit negotiation and escalating to filing a summons and complaint when breaches demand it. We manage collections, negotiate strategic settlements, pursue litigation, and secure judgments, driving each case with precision to recover your merchant cash advance funds.
We leverage state legal frameworks—bank levies, asset seizures—to reclaim your merchant cash advance funds. As an MCA attorney, we harness the power of UCC financing statements and UCC lien acknowledgments to freeze merchant accounts, putting their cash flow in jeopardy. By directing the merchant’s debtors to release funds to our law firm, we ensure your merchant cash advance payout is secured swiftly.
High default rates and complex merchant structures are no match for our expertise. We leverage UCC liens and lawsuits to bring merchants to the table and negotiate settlements, ensuring your funding isn’t lost.
When merchants breach merchant cash advance agreements, we sue with precision, building cases that turn violations into legal victories. Your merchant cash advance attorney in New York will fight for your rights in court and out of court.
Breaches like missed repayments or diverted sales demand action. As an aggressive plaintiff-side MCA lawyer, we don’t back down from filing lawsuits, litigating the cases, and securing judgments, paving the way for monetary recovery.
We pinpoint contract breaches—fraud or non-payment—gathering evidence as your dedicated merchant cash advance attorney. Your business deserves justice when deals fail, and we will be by your side.
Our MCA law firm sues with strategic force. In Samson MCA LLC v. Joseph A. Russo M.D. P.C. (2023), the court clarified that MCA agreements lacking absolute repayment obligations are not subject to traditional breach-of-loan defenses, a precedent we use to strengthen your case. We ensure every legal argument hits hard so that you reclaim your investment.
Post-lawsuit, we enforce merchant cash advance judgments, turning courtroom wins into tangible cash for MCA lenders. We track hidden assets—bank accounts, real estate, or revenue streams—to collect what’s owed, tackling due and owing MCA debt with expert strategies until your funds are secured.
Summary judgment expedites recovery, and we wield it effectively. In Power Up Lending Grp., Ltd. v. Cardinal Energy Grp., Inc. (2019), the court granted summary judgment by affirming the MCA’s indefinite term as evidence of a non-loan transaction, a principle we apply to secure swift judgments, minimizing delays in reclaiming your merchant cash advance investment.
Winning a merchant cash advance lawsuit is only half the battle—we excel at turning judgments into cash. We pursue every legal avenue—levies, liens, and asset seizures—to ensure your merchant cash advance payout is secured.
MCA agreements often include default fees and interest provisions, which we enforce to maximize your recovery. In Parkside Funding Group LLC v. Insane Bargain 2 Inc. (2025), the court upheld the funder’s right to contractual fees, reinforcing the enforceability of default provisions in MCA agreements. We ensure your merchant cash advance contracts include enforceable fee clauses, recovering every dollar you’re owed, plus additional costs, when merchants default.
Merchants may raise defenses like lack of capacity or fraud, but we dismantle them with evidence. In K9 Bytes, Inc. v. Arch Capital Funding, LLC (2017), the court rejected a usury defense by analyzing the MCA’s reconciliation provision, a legal nuance we exploit to disprove baseless claims, ensuring your merchant cash advance judgment stands firm.
From litigating breaches to enforcing recoveries, our law firm represents merchant cash advance lenders. Contact David I. Mizrahi Law P.C. today for a free consultation to discuss your business’ needs.
As a merchant cash advance attorney, we sue merchants for breaches, winning judgments to protect your funds. With a sharp eye on contract terms, we identify violations like missed payments or fraud, building cases that hold merchants accountable in court. Our litigation strategies leverage state laws to secure your MCA rights, ensuring breaches lead to victories, not losses. Your merchant cash advance investment deserves this relentless advocacy.
We enforce merchant cash advance terms post-default, securing payments with relentless action. When merchants fail to pay, we use tools like UCC financing statements and UCC lien acknowledgments to lock in your claims, pursuing legal remedies to reclaim your funds. Our MCA firm ensures your contract’s repayment terms—whether daily or weekly—are upheld, protecting your capital from default risks.
We turn merchant cash advance court wins into cash, collecting debts with expert enforcement. After securing a judgment, we track hidden assets, freeze accounts, and seize funds to ensure you recover your investment. We fight to ensure your legal victory isn’t just an uncollectable piece of paper, delivering the results your business will benefit from.