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  1. #1
    Veteran Reputation points: 135672 Chambo's Avatar
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    Quote Originally Posted by JSL23 View Post
    I'm not a Stacker(personally). I have brokered 2nd position deals, but usually stick to firsts....I was seriously just wondering if a lawsuit has actually gone to trial and what the outcome was. Does this bank take the Funder who stacked AND the Merchant to court? What type of defense was used against the tortious interference complaint?
    I guess they could go after both, but it would make sense to go after the funding company (deeper pockets). Plus, the company doesn't want all the bad press.

    I guess you have to have a lot of CASH & CAPITAL, even if you are a MERCHANT (hint, hint, hint) to go through with these lawsuits and filings

  2. #2
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    Quote Originally Posted by Chambo View Post
    I guess they could go after both, but it would make sense to go after the funding company (deeper pockets). Plus, the company doesn't want all the bad press.

    I guess you have to have a lot of CASH & CAPITAL, even if you are a MERCHANT (hint, hint, hint) to go through with these lawsuits and filings
    LOL, understood. I do wonder what type of defense they used when sued? It would be a public document if there was some type of precedent set for stacking.....hmmm

  3. #3
    A forum user Reputation points: 2147483647 Sean Cash's Avatar
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    Quote Originally Posted by JSL23 View Post
    LOL, understood. I do wonder what type of defense they used when sued? It would be a public document if there was some type of precedent set for stacking.....hmmm
    I don't think there is a defense. Some are summary judgment without the stacker even presenting anything. Others go the settlement route. The stackers tend to throw money at it to make it go away and then make a conscious decision not to stack on that particular funder again going forward.

    We've had funders come on here with a reputation for stacking specifically name other funders that they won't stack on. It's not just because they respect them, it's because they don't want to get blown up by them.

    For those asking me to point them to public court documents, it's not really my place to do that. If a funder wants to share them with the world they can. There are many states in the country to file and more than a thousand funders in the industry. They're not easy to find.

    My point is this. If you're running around out there with a hotmail account telling people you do 5th positions, you're a time bomb. If you couldn't afford a lawyer to draft up a contract so you just copied and pasted someone else's, you're a time bomb. And if you're funding under those circumstances anyway and doing it with borrowed money, you're an atom bomb.

    If you can't afford a real lawyer, you should not be a funder period.
    Last edited by Sean Cash; 10-23-2014 at 06:18 PM.

  4. #4
    Quote Originally Posted by sean bash View Post
    I don't think there is a defense. Some are summary judgment without the stacker even presenting anything. Others go the settlement route. The stackers tend to throw money at it to make it go away and then make a conscious decision not to stack on that particular funder again going forward.

    We've had funders come on here with a reputation for stacking specifically name other funders that they won't stack on. It's not just because they respect them, it's because they don't want to get blown up by them.

    For those asking me to point them to public court documents, it's not really my place to do that. If a funder wants to share them with the world they can. There are many states in the country to file and more than a thousand funders in the industry. They're not easy to find.

    My point is this. If you're running around out there with a hotmail account telling people you do 5th positions, you're a time bomb. If you couldn't afford a lawyer to draft up a contract so you just copied and pasted someone else's, you're a time bomb. And if you're funding under those circumstances anyway and doing it with borrowed money, you're an atom bomb.

    If you can't afford a real lawyer, you should not be a funder period.
    GREAT advice, Sean

  5. #5
    Veteran Reputation points: 159120 J.Celifarco's Avatar
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    Quote Originally Posted by sean bash View Post
    I don't think there is a defense. Some are summary judgment without the stacker even presenting anything. Others go the settlement route. The stackers tend to throw money at it to make it go away and then make a conscious decision not to stack on that particular funder again going forward.

    We've had funders come on here with a reputation for stacking specifically name other funders that they won't stack on. It's not just because they respect them, it's because they don't want to get blown up by them.

    For those asking me to point them to public court documents, it's not really my place to do that. If a funder wants to share them with the world they can. There are many states in the country to file and more than a thousand funders in the industry. They're not easy to find.

    My point is this. If you're running around out there with a hotmail account telling people you do 5th positions, you're a time bomb. If you couldn't afford a lawyer to draft up a contract so you just copied and pasted someone else's, you're a time bomb. And if you're funding under those circumstances anyway and doing it with borrowed money, you're an atom bomb.

    If you can't afford a real lawyer, you should not be a funder period.
    Preach brother!!!!!

  6. #6
    Veteran Reputation points: 135672 Chambo's Avatar
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    Quote Originally Posted by JSL23 View Post
    LOL, understood. I do wonder what type of defense they used when sued? It would be a public document if there was some type of precedent set for stacking.....hmmm
    Go to E Courts....under NY State, then type in the company.

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