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Small business owners in Maryland often turn to merchant cash advances (MCAs) to access quick financing when traditional loans are unavailable. However, predatory MCA companies can trap owners in expensive debt cycles with rates exceeding 100% APR through deceptive tactics. Business owners facing legal threats from MCA companies over repayment disputes need experienced attorneys to analyze the MCA agreement terms and build a defense.Our law firm helps Maryland business owners fight back against predatory MCA companies and escape crippling debts. With extensive experience analyzing MCA contracts and building legal defenses, our attorneys can help you respond to lawsuits and negotiate settlements on favorable terms. We take an empathetic, customized approach to protecting our clients.
Common Abusive MCA Tactics Targeting Maryland Businesses
Maryland regulates payday loans but merchant cash advances exploit loopholes enabling predatory lending. Tactics include:
- Deceptively High Rates – MCA rates often exceed 100% APR when accounting for fees
- Misrepresenting Legal Obligations – MCA companies falsely threaten criminal charges for nonpayment
- Aggressive Collections – Harassing owners struggling to make daily payments with threats of lawsuits or bank account seizures
Our attorneys help business owners understand their legal rights when facing MCA harassment and build defenses protecting them from crushing debts.
MCA Agreement Analysis and Defense Strategy
The first step after an MCA demand letter or lawsuit notification is reviewing the agreement’s terms with an attorney. Key areas we analyze:
- Disputing the Validity – Were deceptive or illegal tactics used securing the owner’s signature?
- Rate Caps – Did disclosed rates exceed Maryland’s usury laws?
- Payment Structuring – Are daily repayment requirements structured to trap owners?
- Account Seizure Terms – Can the MCA company legally siphon the business bank account?
Understanding the implications of these provisions enables building a defense strategy invalidating illegal contract aspects or negotiating a settlement on favorable terms before litigation.
Negotiating MCA Debt Relief Without Litigation
Our attorneys leverage MCA agreement weaknesses and commercial litigation experience to negotiate debt relief for struggling business owners outside court. Common outcomes include:
- Settlements – One-time buyouts eliminating future payments and legal liability
- Payment Plans – Affordable periodic payment plans preventing business disruptions
- Contract Invalidation – Escaping all repayment obligations by proving deception
- Account Garnishment – Stopping an MCA company from raiding the business bank account
Avoiding commercial litigation through settlements saves business owners money and eliminates future legal risks and payments owed. Our track record shows most predatory MCA companies back down when challenged legally.
Supporting a Robust Defense During Litigation
If an MCA company rejects good-faith negotiation attempts and pursues litigation, our lawyers mount a vigorous defense. We build arguments focused on:
- Usury Violations – Maryland caps certain loan APRs at 24-33%
- Unconscionability – Agreement terms unreasonably favoring the MCA company
- Misrepresentations – False statements securing the business owner’s signature
- Breach of Contract – MCA activities violating agreement terms
- Unjust Enrichment – MCA company profits exceeding business owner value received
We also leverage our accounting expertise to dispute harmful payment structuring and account seizure provisions. Our robust, multifaceted legal and financial arguments succeed in both mediation and trial settings.
Why Choose Us?
We offer struggling Maryland business owners customized legal support and financial expertise needed to escape predatory MCA debts. As experienced commercial litigators with accounting credentials, our lawyers analyze agreements to find weaknesses for building strong legal arguments or negotiating favorable settlements. We take an empathetic approach focused on alleviating client stress while securing their financial future.To discuss your business’s MCA debt situation with an attorney contact our Baltimore office at (212) 210-1851 or schedule a consultation online. Our team is ready to start developing the optimal debt relief strategy for your business today.
Frequently Asked Questions
What laws regulate MCA companies in Maryland?
- Usury rate caps restricting certain loan APRs
- Payday loan regulations closing MCA loopholes may pass soon
What defenses can invalidate an MCA agreement?
- Deception or misrepresentations when secured
- Unconscionably unreasonable or one-sided terms
- Usury violations if rates exceed legal caps
Can an MCA company sue me or seize my bank account?
- Yes, if the MCA agreement contains legal account seizure provisions. But our lawyers can fight back to stop it.
What settlement terms are typically negotiated in MCA disputes?
- Reduced lump-sum buyouts ending liability
- Lower fixed periodic payments
- Surrendering collateral like business assets
How long does the MCA debt relief process take?
- Good-faith negotiations may secure relief within 2-3 months
- Litigation timelines vary widely based on case complexity
About Delancey Street
We are not a law firm, but work closely with attorneys as part of our comprehensive small business debt relief services. Our financial experts provide struggling owners transparent advice and options for resolving issues like tax liens, judgments, and aggressive collections. Spanning alternative finance, accounting, business advising, and legal referrals, our commercial services aim to secure our clients’ financial freedom.