Merchant Cash Advance Defense Attorneys in Florida & New York
Facing an MCA Lawsuit, Default Claim, or Aggressive Enforcement Action?
Lomba P.A. represents businesses and business owners in merchant cash advance disputes and MCA litigation throughout Florida and New York.
If an MCA company has filed a lawsuit, alleged a default, attempted to enforce a personal guarantee, or taken other legal action against your business, our attorneys can review the agreement, evaluate the claims, and explain your legal options.
Deadlines can matter in MCA litigation. Speak with an attorney about your situation.
Speak With an MCA Defense Attorney
Call (954) 703-6624
Florida & New York MCA Representation
Lawsuit Defense • MCA Dispute Resolution • Commercial Litigation • Business Litigation
Merchant Cash Advance Problems Can Escalate Quickly
Merchant cash advances can put enormous pressure on a business when revenue declines, or multiple MCA obligations begin drawing from the same cash flow.
What starts as a financing problem can quickly become a legal problem.
Businesses may find themselves facing:
Daily or weekly ACH withdrawals
Multiple stacked MCA agreements
Default notices
Personal guarantee claims
UCC-1 filings
Collection demands
Payment processor or customer contact
Frozen or restricted business funds
Lawsuits against the business or guarantor
Judgments and post-judgment enforcement
If your business is struggling with an MCA, waiting for the situation to resolve itself can increase the pressure.
Talk to an attorney before making your next move.
Call Lomba P.A. at (954) 703-6624
How Lomba P.A. Helps Businesses Facing MCA Debt
Every MCA dispute is different. The right strategy depends on the agreement, the funder's actions, your business's financial condition, where a lawsuit was filed, and whether litigation has already begun.
Lomba P.A. helps clients evaluate the agreement and develop a strategy tailored to the dispute's specific circumstances.
MCA Lawsuit Defense
Already been sued by an MCA company?
Deadlines matter.
Lomba P.A. represents businesses and business owners facing MCA litigation and evaluates potential defenses involving the agreement, alleged default, personal guarantees, jurisdiction, enforcement rights, and other issues relevant to the case.
MCA Negotiation & Settlement
Litigation is not always the only path.
Depending on the circumstances, it may be possible to negotiate a resolution that reduces the financial pressure on the business.
Lomba P.A. represents clients in negotiations with MCA companies and their attorneys to reach a practical resolution while protecting the client's legal and business interests.
Talk to an MCA Settlement Attorney
Multiple or Stacked MCAs
Multiple MCA withdrawals can consume the cash flow a business needs for payroll, inventory, rent, taxes, and operations.
We evaluate the MCA agreements, outstanding balances, collection activity, pending litigation, and overall financial situation to help determine an appropriate legal and negotiation strategy.
Personal Guarantees
If you personally guaranteed an MCA agreement, a dispute may extend beyond the business itself.
Our attorneys can review the scope of the guarantee, the claims being asserted against you, and potential defenses or legal options.
UCC Filings & Collection Pressure
MCA disputes can involve more than collection calls.
Depending on the agreement and circumstances, a funder may assert rights involving receivables, collateral, payment processors, customers, or other business assets.
Lomba P.A. can review the funder's claimed rights and determine what legal options may be available.
Florida Merchant Cash Advance Defense
Lomba P.A. represents Florida businesses facing merchant cash advance lawsuits, disputes, collections, and settlement negotiations.
MCA disputes can raise complicated questions about whether an agreement operates as a true purchase of future receivables or may be challenged based on its actual structure and operation.
Important provisions may include:
Reconciliation rights
Repayment terms
Recourse provisions
Personal guarantees
Default provisions
UCC security interests
ACH authorizations
Choice-of-law clauses
Venue and jurisdiction provisions
The language of the agreement matters, but so does how the MCA relationship actually operated.
If your Florida business is dealing with an MCA dispute, have an attorney review the situation before assuming the funder's interpretation of the agreement is the only one.
Speak With a Florida MCA Defense Attorney
Call (954) 703-6624
New York Merchant Cash Advance Defense
Lomba P.A. also represents businesses and business owners facing merchant cash advance disputes and litigation in New York.
New York frequently appears in MCA agreements through governing-law, forum-selection, or venue provisions. A business located outside New York may therefore face a lawsuit or enforcement issue connected to New York.
Our attorneys can evaluate issues involving:
New York MCA lawsuits
MCA settlement negotiations
Personal guarantees
Default allegations
Reconciliation provisions
UCC filings
ACH withdrawals
Collection and enforcement activity
Choice-of-law provisions
Forum-selection clauses
Florida versus New York jurisdiction issues
If you have received a summons, complaint, demand letter, default notice, or settlement proposal involving an MCA, getting legal advice early can help you understand your options before critical deadlines pass.
Speak With a New York MCA Defense Attorney
Call (954) 703-6624
Been Sued by an MCA Company? Do Not Ignore the Lawsuit.
An MCA lawsuit requires a timely response.
Failing to respond can potentially result in a default judgment and create additional enforcement problems for the business or an individual guarantor.
If you have been served, gather the documents related to the MCA, including:
The MCA agreement and amendments
Bank statements
Payment and ACH records
Communications with the funder
Default or demand notices
UCC filing information
Settlement proposals
The summons and complaint
Any court notices or orders
Then speak with an attorney about the lawsuit and applicable deadlines.
I’ve Been Sued. Speak With an Attorney →
Can an MCA Dispute Be Resolved Without Trial?
Yes, some merchant cash advance disputes may be resolved through negotiation before a case reaches trial.
Lomba P.A. represents businesses in disputes with MCA companies and their counsel. Depending on the circumstances, an attorney may be able to negotiate a resolution while protecting the business's legal interests.
The appropriate strategy depends on the MCA agreement, the claims asserted, any pending litigation, personal guarantees, jurisdiction, and the specific facts of the dispute.
MCA Defense for Business Owners Under Pressure
You may need to speak with an MCA attorney if:
Your business has been sued by an MCA funder
You received a summons or complaint
MCA withdrawals are creating serious cash-flow problems
You have multiple stacked MCAs
A funder claims you are in default
A personal guarantee is being enforced
Your business is facing aggressive collection activity
A funder has contacted customers or payment processors
You are considering an MCA settlement
You have received a settlement offer
You are dealing with a judgment or enforcement action
Your MCA agreement involves both Florida and New York
You do not need to determine the legal strategy on your own.
Bring us the agreement, lawsuit, or collection documents. We can review what is happening and discuss the available options.
Why Businesses Turn to Lomba P.A. for MCA Defense
Focused on Business Disputes
MCA cases sit at the intersection of contracts, commercial finance, debt, and business litigation. Lomba P.A. approaches MCA disputes from a business-focused legal perspective.
Litigation & legal Strategies
Some disputes require defending a lawsuit. Others may be resolved through negotiation. We evaluate both litigation and legal options based on the circumstances of the matter.
Florida & New York Representation
MCA agreements frequently cross state lines. Lomba P.A. handles MCA defense and settlement matters involving Florida and New York, including disputes where jurisdiction or governing law is a key issue.
Practical Business Perspective
An MCA dispute is not just a legal issue. It can affect payroll, vendors, banking relationships, cash flow, and the business's future. Our approach considers the broader business impact when evaluating potential strategies.
Merchant Cash Advance Defense FAQ
What should I do if an MCA company sues my business?
Do not ignore the lawsuit. Court deadlines may apply, and failing to respond can potentially lead to a default judgment. Preserve your MCA agreement, payment records, communications, bank statements, and lawsuit documents and speak with an attorney promptly.
Can an MCA attorney negotiate a Resolution?
An attorney can negotiate with an MCA company or its counsel on a client's behalf. Whether a settlement is possible and what terms are available depend on the agreement, claimed balance, litigation status, financial circumstances, and the parties' willingness to resolve the dispute.
Can I defend an MCA lawsuit in Florida?
Potential defenses depend on the contract, facts, governing law, jurisdiction, and claims asserted. A Florida MCA defense attorney can review the agreement and lawsuit to identify issues that may affect the funder's claims or enforcement rights.
What if my MCA agreement says New York law applies?
A New York choice-of-law or forum provision can be important, but its effect depends on the contract and circumstances. Businesses with agreements involving both Florida and New York should have counsel review the jurisdiction and governing-law provisions.
What happens if I personally guaranteed the MCA?
A personal guarantee may allow the funder to assert claims against the guarantor in addition to the business, subject to the terms of the agreement and applicable law. An attorney can review the guarantee and the claims being made.
Can Lomba P.A. help with multiple MCAs?
Yes. Lomba P.A. handles MCA matters involving businesses dealing with multiple or stacked merchant cash advances. The strategy will depend on the individual agreements, outstanding obligations, litigation status, and financial circumstances.
Should I wait until I am sued to contact an MCA lawyer?
You do not necessarily need to wait for litigation. Legal advice may be useful when a business is already facing default allegations, unsustainable withdrawals, collection pressure, settlement demands, or other signs that a dispute is escalating.
Facing a Merchant Cash Advance Dispute?
Find Out What Your Options Are.
If your business is facing an MCA lawsuit, default claim, personal guarantee dispute, UCC enforcement issue, or other merchant cash advance legal dispute in Florida or New York, speak with Lomba P.A.
Bring us the MCA agreement, lawsuit, demand letter, court filing, or other relevant documents.
Our attorneys can review the matter and help you understand your legal options.
Call Lomba P.A. Now: (954) 703-6624
Merchant Cash Advance Defense | Florida & New York.
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Frequently Asked Questions
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In most cases, Florida courts classify MCAsPossibly. The available defenses depend on the MCA agreement, the funder's allegations, the payment history, and the specific facts of the dispute. An attorney should review the lawsuit and underlying contract before determining the appropriate defense strategy. as purchases of future receivables rather than loans. However, if the agreement requires unconditional repayment regardless of your business's performance, meaning the funder bears no real risk, a court may recharacterize the MCA as a loan. This triggers Florida's usury statute, which caps simple interest at 18% per annum for transactions under $500,000. If your MCA's effective rate exceeds this cap under recharacterization, the entire agreement may be voidable or the balance significantly reduced.
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Do not ignore the lawsuit. Preserve all MCA agreements, payment records, notices, emails, and other communications. You should speak with a Merchant Cash Advance defense attorney promptly to understand the applicable response deadlines and your legal options.
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An MCA funder may pursue a business owner personally when the owner signed a personal guarantee or when other legal claims are asserted. Personal liability depends on the agreement and the facts of the case.
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Yes. Settlement negotiations can continue during litigation. In some cases, legal defenses and litigation strategy may create additional negotiating leverage.
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Businesses with multiple MCA obligations may face several defaults, lawsuits, or collection efforts at the same time. A coordinated legal strategy can help evaluate the full exposure and address multiple funders.
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Depending on the agreement, legal proceedings, and enforcement methods involved, an MCA dispute may create risks involving business bank accounts or receivables. An attorney should review the specific circumstances immediately.
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A debt settlement company cannot represent your business in court or provide litigation defense. Once a lawsuit is filed, business owners should understand the difference between negotiation services and legal representation.
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3200 Port Royale Drive N
Fort Lauderdale, FL 33308
Tampa, fl
10225 Ulmerton Rd. Ste 5A,
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Attorney Advertising. Lomba P.A. is a Florida law firm. The information on this website is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting based on information contained on this website without consulting qualified legal counsel. Results described or implied on this website are not guaranteed. Past results do not guarantee future outcomes. Every legal matter is unique and must be evaluated based on its individual facts and circumstances. Contacting Lomba P.A. does not establish an attorney-client relationship. An attorney-client relationship is formed only after a written engagement agreement has been signed by the client and the firm. This website may constitute attorney advertising under applicable rules of professional conduct. Principal Office: 3200 Port Royale Drive N, Fort Lauderdale, FL 33308. Lomba P.A. is a Florida law firm. Daniel Lomba is admitted to practice law in the State of Florida. Jeb Singer, Esq., serves as Of Counsel to Lomba P.A. and is admitted to practice law in the State of New York. Attorney admissions and the availability of legal services may vary by jurisdiction.
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