Resources

Understand your situation before you make decisions.

In-depth articles and plain-language FAQs covering the legal frameworks, procedures, and defense strategies relevant to the matters we handle.

MCA / Predatory Lending Defense

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In-Depth Articles

What Is a Merchant Cash Advance and Is It Legally a Loan?

Understand what a merchant cash advance is, how it differs from a traditional loan, and when New York courts may recharacterize an MCA as a usurious loan.

Confessions of Judgment in MCA Cases: Your Rights

How confessions of judgment work in MCA cases, the 2019 New York reform, and your rights to challenge and vacate a COJ.

Your Bank Account Was Frozen by an MCA Funder: What to Do

Steps to take when an MCA funder freezes your bank account. Emergency relief options, legal grounds for release, and how to protect your business.

MCA Usury and Recharacterization: When an MCA Becomes a Loan

How New York courts determine when a merchant cash advance is really a loan, and what usury defenses are available to MCA defendants.

UCC Liens Filed by MCA Funders: How to Challenge Them

Understanding UCC-1 filings by MCA funders, their impact on your business, and legal strategies to challenge and remove unauthorized or overbroad liens.

Settling an MCA Dispute: Strategy and Considerations

When and how to settle a merchant cash advance dispute. Negotiation strategies, realistic expectations, and how to negotiate from a position of strength.

New York's 2019 COJ Reform: What It Means for MCA Defendants

How New York's 2019 confession of judgment reform changed MCA defense, created new protections for businesses, and restricted abusive collection practices.

When MCA Funders Sue: Defending Collection Actions

How to defend against MCA funder lawsuits. Available defenses, counterclaims, and strategies for businesses facing merchant cash advance collection litigation.

Frequently Asked Questions

MCA / Predatory Lending Defense: Frequently Asked Questions

15 questions answered, including statutes, deadlines, and procedures.

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SBA / EIDL Default Defense

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In-Depth Articles

SBA Referred Your EIDL Loan to Treasury: What It Means

What happens when the SBA refers your EIDL loan to the Treasury Department for collection. The referral process, notice requirements, and your rights.

Tax Refund Seized for EIDL Default: Your Options

What to do when the government seizes your tax refund for an EIDL loan default. Understanding TOP offsets, challenging improper seizures, and protecting future refunds.

EIDL Offer in Compromise: How to Negotiate a Settlement

How the SBA's Offer in Compromise program works for EIDL loans, how to structure a successful offer, and what to expect during the process.

EIDL Payment Plans and Hardship Options

Available payment arrangements for EIDL loans, including Hardship Accommodation Plans, standard repayment, and post-default options. What happens when a HAP expires.

The Treasury Offset Program Explained

How the Treasury Offset Program works, what payments it can intercept, the procedural requirements for referral, and how to challenge a TOP referral for EIDL debts.

DOJ Collection Lawsuits for EIDL Defaults

What to expect when the Department of Justice files a collection lawsuit for EIDL loan default. Defense strategies, procedural requirements, and your rights in federal court.

Asset Protection When Facing EIDL Collection

Legal strategies to protect personal and business assets when facing SBA EIDL loan collection. Understanding exemptions, guarantees, and what the government can and cannot reach.