[Karen37a]

[COJ are most deff not dead. Yes there are companies that are looking for filings and sueing MCA companies for filing them. Why dont you check the court system and see how many actually have been successful. There have literally been about 2 or 3 rulings against the COJ, and both are being appealed.

I have seen numerous different cases, different states, cojs, usury, rico and I have seen the decision swing both ways.

A lot of them have hung on the misrepresentation on the front end by brokers or Funders.

Saying "guaranteed" "loan"...merchants not understanding or claim to not understand when they do not want to pay it back or brokers not explaining things right...contracts not being written correctly ( which void them )

***[The funder] fails to point to a non-recourse provision in the Merchant Agreement by which it assumed the risk that it might not be able to collect payments from [the business’] account receivables. Merely telling the Court that risk is contemplated under the terms of the parties’ agreement is inadequate. The requirement of a guarantor, along with the other facts and circumstances set forth, demonstrate that the principal sum advanced was absolutely repayable with calculated interest that exceeds the legal rate, and supports a finding that the evidence outweighs the presumption against a finding of usury.”

*As a result, the court vacated the confessed judgment and voided the agreement, stating, “[d]enominating a loan document by another name, as in this case, by calling it a Merchant Agreement, and including in it verbiage of [the funder’s] purported purchase of accounts receivable that is unsupported by actual [business] receivables dedicated to repayment, does not shield it from the judicial determination that it contemplates a criminally usurious transaction, which is void ab initio as a matter of law.”**