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  1. #51
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    Quote Originally Posted by Funder Mark View Post
    Reminds me of Cap Assist when they first opened, must be over a year ago now, they funded 2 nice deals for me, no login, within 3 months both defaulted. I am not saying causality, but shoddy underwriting definitely exists.

    We probably worked together at some point...

    ​Nick Kiely
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  2. #52
    Senior Member Reputation points: 32550 Funder Mark's Avatar
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    Quote Originally Posted by Opportune View Post
    We probably worked together at some point...
    We did.

  3. #53
    Are no there MCA companies on this forum that have ever filed a law suit against merchant for default or fraud?

    Any collection agents ever heard of this?

    Obviously it would be a last option, but I'm just wondering? Otherwise merchant could get funded and never pay us back.

    I'm not talking about risk models, I'm asking has anyone ever actual filed a law suit?

  4. #54
    A forum user Reputation points: 2147483647 Sean Cash's Avatar
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    Quote Originally Posted by NewFunder80 View Post
    Are no there MCA companies on this forum that have ever filed a law suit against merchant for default or fraud?

    Any collection agents ever heard of this?

    Obviously it would be a last option, but I'm just wondering? Otherwise merchant could get funded and never pay us back.

    I'm not talking about risk models, I'm asking has anyone ever actual filed a law suit?

    Every legit company has...

  5. #55
    Veteran Reputation points: 159120 J.Celifarco's Avatar
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    Quote Originally Posted by NewFunder80 View Post
    Are no there MCA companies on this forum that have ever filed a law suit against merchant for default or fraud?

    Any collection agents ever heard of this?

    Obviously it would be a last option, but I'm just wondering? Otherwise merchant could get funded and never pay us back.

    I'm not talking about risk models, I'm asking has anyone ever actual filed a law suit?
    yes, but before you can think about this it matters how you are structured. Are you a loan or an advance? Does your contract have a personal guarantee? Can you legally have a personal guarantee in your contract for the state that you funded in.. There is more to the question then can you sue the merchant
    John Celifarco
    Managing Partner
    Horizon Funding Group

    3423 Ave S
    Brooklyn, NY 11234
    T: (347) 773-3990 | F: (718) 795-1990
    Linkedin: Profile
    Email: john@horizonfundinggroup.com

  6. #56
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    Quote Originally Posted by NewFunder80 View Post
    Hello all,

    I am glad a found this forum. I have found some of the information here very helpful. I wanted to share my experience and ask a few questions.

    Our company started funded deals about 45 days ago. We are off to a good start so far. Over 10 deals funded so far.

    Have two questions:

    How do most funders handle cash flow? Meaning do funders usually "reinvest" collected monies into other advances or just wait until the advance finishes?

    Defaults and fraud:

    Had one merchant approved for an advance and then it appears closed the business down about 1 week later. Another merchant closed their bank account and has not provided another one.

    How are you guys handling defaults? We are taking the collections route, calling and sending letters. At some point have any of you guys actually sued the merchant? How did the law suit go? Because the advance is under the state limit we were considering using small claims court. Just wondering if anyone has actually taken a merchant to court?

    Or perhaps other funders are just writing off the debt and still turning a profit. I just hope that merchants cant just default and we have no recourse????

    Advice please.
    What's the name of your funding company?

  7. #57
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    Quote Originally Posted by mcaguru View Post
    Wholefoods has products they make higher profits than others..We would gladly look at entertaining other programs that have lower yields in time due..... if the top 3 high risk lenders open up to the A paper deals will have our market share in 3-4 business days. (capital is a non issue-In fact if this was 1866 we would have to dust off the capital every few days...thank god for banks I HATE dust!).
    You better hope the DF introduces a delete button if you go to A paper in "3 to 4 days" in response to regulation!
    Carl Fairbank
    Founder & CEO boldMODE
    www.boldmode.com
    Carl@boldmode.com
    Founder & former CEO of Breakout Capital (sold to SecurCapital in 2019)
    www.breakoutfinance.com

  8. #58
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    Quote Originally Posted by Cfairbank View Post
    You better hope the DF introduces a delete button if you go to A paper in "3 to 4 days" in response to regulation!
    Explain?
    Last edited by mcaguru; 06-15-2016 at 04:27 PM.
    Marcus Clapman | Business Development | Cresthill Capital
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  9. #59
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    [QUOTE=NewFunder80;50437]Hello all,

    I am glad a found this forum. I have found some of the information here very helpful. I wanted to share my experience and ask a few questions.

    Our company started funded deals about 45 days ago. We are off to a good start so far. Over 10 deals funded so far.

    Have two questions:

    How do most funders handle cash flow? Meaning do funders usually "reinvest" collected monies into other advances or just wait until the advance finishes?

    Defaults and fraud:

    Had one merchant approved for an advance and then it appears closed the business down about 1 week later. Another merchant closed their bank account and has not provided another one.

    How are you guys handling defaults? We are taking the collections route, calling and sending letters. At some point have any of you guys actually sued the merchant? How did the law suit go? Because the advance is under the state limit we were considering using small claims court. Just wondering if anyone has actually taken a merchant to court?

    Or perhaps other funders are just writing off the debt and still turning a profit. I just hope that merchants cant just default and we have no recourse????

    Advice please




    I have now seen It all.

  10. #60
    [QUOTE=Sachip24;50567]
    Quote Originally Posted by NewFunder80 View Post
    Hello all,

    I am glad a found this forum. I have found some of the information here very helpful. I wanted to share my experience and ask a few questions.

    Our company started funded deals about 45 days ago. We are off to a good start so far. Over 10 deals funded so far.

    Have two questions:

    How do most funders handle cash flow? Meaning do funders usually "reinvest" collected monies into other advances or just wait until the advance finishes?

    Defaults and fraud:

    Had one merchant approved for an advance and then it appears closed the business down about 1 week later. Another merchant closed their bank account and has not provided another one.

    How are you guys handling defaults? We are taking the collections route, calling and sending letters. At some point have any of you guys actually sued the merchant? How did the law suit go? Because the advance is under the state limit we were considering using small claims court. Just wondering if anyone has actually taken a merchant to court?

    Or perhaps other funders are just writing off the debt and still turning a profit. I just hope that merchants cant just default and we have no recourse????

    Advice please




    I have now seen It all.
    Perhaps you could give some insight, share some experience?

  11. #61
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    You better hope the DF introduces a delete button if you go to A paper in "3 to 4 days" in response to regulation!

    Quote Originally Posted by mcaguru View Post
    Explain?
    Explanation: You'll need to re-brand

  12. #62
    Senior Member Reputation points: 7162 TheShitzuofMCA's Avatar
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    [QUOTE=Sachip24;50567]
    Quote Originally Posted by NewFunder80 View Post
    Hello all,

    I am glad a found this forum. I have found some of the information here very helpful. I wanted to share my experience and ask a few questions.

    Our company started funded deals about 45 days ago. We are off to a good start so far. Over 10 deals funded so far.

    Have two questions:

    How do most funders handle cash flow? Meaning do funders usually "reinvest" collected monies into other advances or just wait until the advance finishes?

    Defaults and fraud:

    Had one merchant approved for an advance and then it appears closed the business down about 1 week later. Another merchant closed their bank account and has not provided another one.

    How are you guys handling defaults? We are taking the collections route, calling and sending letters. At some point have any of you guys actually sued the merchant? How did the law suit go? Because the advance is under the state limit we were considering using small claims court. Just wondering if anyone has actually taken a merchant to court?

    Or perhaps other funders are just writing off the debt and still turning a profit. I just hope that merchants cant just default and we have no recourse????

    Advice please




    I have now seen It all.
    I will make this quick getting busy. Yes you reinvest the money as it comes in daily, compounding the interest as you do this and driving up your ROI. The two scenarios you stated smell like fraud. Collections isn't aggressive enough with fraudsters, I would get an attorney letter head if you don't have an attorney in house and start sending letters threatening legal action. Escalate the letters and usually that works, if it doesn't you may have to go the legal course file charges for fraud. You may get someone to pay you back months later cause they reapply for more money or the UCC affects them. Unfortunately in the cases you mentioned you probably got screwed, those are great lessons to learn anyways. FYI Some of the more aggressive companies have merchants sign COJ confession of judgement with the agreements, this helps to get a judgement in your favor if it goes to court. Like any case you run the risk of losing if your contracts and agreements aren't right. Good luck new funder

  13. #63
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    The****zuofMCA you took day off yesterday ? gone fishing ? next time take me!!
    Marcus Clapman | Business Development | Cresthill Capital
    (High Commissions Payout Group)
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    Email: bizdev@cresthillcapital.com
    http://www.cresthillcapital.com

  14. #64
    [QUOTE=The****zuofMCA;50580]
    Quote Originally Posted by Sachip24 View Post

    I will make this quick getting busy. Yes you reinvest the money as it comes in daily, compounding the interest as you do this and driving up your ROI. The two scenarios you stated smell like fraud. Collections isn't aggressive enough with fraudsters, I would get an attorney letter head if you don't have an attorney in house and start sending letters threatening legal action. Escalate the letters and usually that works, if it doesn't you may have to go the legal course file charges for fraud. You may get someone to pay you back months later cause they reapply for more money or the UCC affects them. Unfortunately in the cases you mentioned you probably got screwed, those are great lessons to learn anyways. FYI Some of the more aggressive companies have merchants sign COJ confession of judgement with the agreements, this helps to get a judgement in your favor if it goes to court. Like any case you run the risk of losing if your contracts and agreements aren't right. Good luck new funder
    Thanks for your response.

  15. #65
    Quote Originally Posted by NewFunder80 View Post
    Are no there MCA companies on this forum that have ever filed a law suit against merchant for default or fraud?

    Any collection agents ever heard of this?

    Obviously it would be a last option, but I'm just wondering? Otherwise merchant could get funded and never pay us back.

    I'm not talking about risk models, I'm asking has anyone ever actual filed a law suit?

    I'm new to mca business but not the finance world.. I would assume work out a payment plan before lawsuit.. Otherwise they can go bankrupt and now all you have is a write off and no money

  16. #66
    Karen37a
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    They are telling you are in over your head because you are.

    I am rolling my eyes at all this. I am amazed and sit shaking my head because as one person stated..its becoming a bubble. In my opinion; although bubbles can burst like the dot com crash or Real estate , it wont because buffoons will bankrupt themselves, diving into shark invested waters playing Gordon Gekko on the phone.

    I am not participating in my deals yet because I have enough sense to know that I have to have tremendous volume to make it work...or Ill be scraping the bottom of the barrel for any ole z paper loan that comes by, and then Id fund it like a fool not taking default risk into concern not knowing the psychology of a sale, underwriting guidelines , big red flags and fraud signs.

    When i first started I had merchants that I talked to on the phone that I would have swore they were sending in their documents...never did. I had Merchants I thought were bssing me...they sent their documents in. So I learned one thing quickly..you cant use your keen perception to tell whats going on.

    Just out of curiosity Id like to know your background . You are like the 100 agents who come into the business who don't listen because you know it all, then get bankrupted or run to get a J.O.B. I bet you have a technical background...no sales..back-office ( and that my keen perception, zeroing in on the situation).

    The gotcha in MCAS is , everyone can enter the fray and think they can start at the top.

    Do you think Stockbrokers walk into a wall st firm and start at the top? Do you just OPEN a firm with no background? You cant because they are licenced. Same with mortgage brokers/ Real estate brokers etc.

    Can you imagine how you would react to some lunatic telling you " well I am going to open a Real Estate office and I am going to lend out my private money to people who flip homes, if they do not pay me back..ill try to find out how other people got their money back and try to do that"

    In those industries you start at the bottom making 30% commission, then you get 40% when you get better, then 50/60/70/80/85...And if you make BIG VOLUME you think , why am i giving someone 15% when it would be cheaper to rent an office and open my own place. Then you are self employed,and if you dont work you dont get paid.If you get good..agents join your company at 30-50% and so on and so on . And you learn business along the way, and sales, take your lumps, make $$ hopefully.

    But you just think you have the talent and expertise to just open a place, and then of all things lend money?And you don't know what the collection process is?

    Send vito to costa rica cause thats where the guy is after he closed his business down and absconded with your money. Or go force him to move his money back into his main account because he shifted the assets on you.

    I've seen better men go down, casualties of the financial industry.I wish you well in the industry BUT you are not going to make it. Not to be mean but really rethink what you are doing. Save yourself while you can.
    Last edited by Karen37a; 06-30-2016 at 10:38 AM.

  17. #67
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    Quote Originally Posted by NewFunder80 View Post
    Zack? What is the name of his company?
    OK this has to be a troll. No way someone is this clueless. I mean really. This is text book idiocy.

  18. #68
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    Quote Originally Posted by NewFunder80 View Post
    Are no there MCA companies on this forum that have ever filed a law suit against merchant for default or fraud?

    Any collection agents ever heard of this?

    Obviously it would be a last option, but I'm just wondering? Otherwise merchant could get funded and never pay us back.

    I'm not talking about risk models, I'm asking has anyone ever actual filed a law suit?
    Come on guy, are you for real? Are you ****ing with us here? Ever filed suit? Of course. This is a super lengthy processes and depends on the state you are in. You first need to serve said parties. Usually need to hire a process server or get a collection attorney. Once they are served, they probably wont show to the court date. Get a summary judgement then hit them with interogitores (sp). They probably wont respond then hit them with contempt of court citation. They need to show for this otherwise they will issue an arrest warrent. Get interrogatorries back and try and collect. Good luck. Oh, this could take 18 months to a year. If the deal is small dont even bother.
    If you are so clueless that you do not know this, i would quit while you are ahead. And if you are trying to collect in CA, and you are not licenesed there kiss your cash good bye.

    But really, you are way out of your league here.

  19. #69
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    New Underwriter/Funder. About 45 days in.

    Wow, just wow. Smh
    Carlos Corona
    Managing Partner

    Rise Up Capital
    66 W. Flagler St, 9th Floor Miami, FL 33130
    (727) 291-0972 | hello@riseupcapital.com

    https://riseupcapital.com

  20. #70
    Karen37a
    Guest
    I do not believe this person is real.

    I think he is just trying to play with the big boys, like those senile clients on the phone who will just talk to you because they have nothing else to do and their cable was disconnected.

  21. #71
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    Quote Originally Posted by Karen37a View Post
    I do not believe this person is real.

    I think he is just trying to play with the big boys, like those senile clients on the phone who will just talk to you because they have nothing else to do and their cable was disconnected.
    Karen37 you crack me up. If you were really a female I think you'd be my soulmate : D

  22. #72
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    Quote Originally Posted by Karen37a View Post
    I do not believe this person is real.

    I think he is just trying to play with the big boys, like those senile clients on the phone who will just talk to you because they have nothing else to do and their cable was disconnected.
    Truth be told, I would not be shocked at all if he was being honest.

    I'm sure some shops have the mindset of "Why only make 8 points when I could make the full 45!"

    But as mentioned...legal fees, underwriting, collections, etc are all factored in. I doubt the average boiler room is even thinking about anything other than the extra initial return.
    Tommy Stein

  23. #73
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    Quote Originally Posted by skideeppow View Post
    This is a super lengthy processes... You first need to serve said parties... Once they are served, they probably wont show to the court date. Get a summary judgement then hit them with interogitores (sp). They probably wont respond then hit them with contempt of court citation. They need to show for this otherwise they will issue an arrest warrent. Get interrogatorries back and try and collect. Good luck. Oh, this could take 18 months to a year. If the deal is small dont even bother.
    Don't want to steer to far away from the topic at hand, but...Benjamin Button much?

  24. #74
    Quote Originally Posted by NewFunder80 View Post
    Hello all,

    I am glad a found this forum. I have found some of the information here very helpful. I wanted to share my experience and ask a few questions.

    Our company started funded deals about 45 days ago. We are off to a good start so far. Over 10 deals funded so far.

    Have two questions:

    How do most funders handle cash flow? Meaning do funders usually "reinvest" collected monies into other advances or just wait until the advance finishes?

    Defaults and fraud:

    Had one merchant approved for an advance and then it appears closed the business down about 1 week later. Another merchant closed their bank account and has not provided another one.

    How are you guys handling defaults? We are taking the collections route, calling and sending letters. At some point have any of you guys actually sued the merchant? How did the law suit go? Because the advance is under the state limit we were considering using small claims court. Just wondering if anyone has actually taken a merchant to court?

    Or perhaps other funders are just writing off the debt and still turning a profit. I just hope that merchants cant just default and we have no recourse????

    Advice please.
    It's hard to believe that you have enough money to lend out to so many people, I'd guess at least 10k each, but you can't afford to sit down with an attorney for two hours to discuss your legal strategy, let alone get some collection strategy. If your advances are "below state limit" then I guess you're just playing with your savings.. Did you copy someone's contract, because they might find you and sue you as well, and then the judge might say, hey wait a minute, you're the guy who is suing that other guy? well CASE DISMISSED! (I'm kidding...)

  25. #75
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    Quote Originally Posted by MCNetwork View Post
    Karen37 you crack me up. If you were really a female I think you'd be my soulmate : D
    shes deff a female !
    Marcus Clapman | Business Development | Cresthill Capital
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    Email: bizdev@cresthillcapital.com
    http://www.cresthillcapital.com

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