Legal & Litigation legal solutions by Lincoln & Morgan today : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. See extra info on Lincoln & Morgan.
Full Service International Department: We (Lincoln and Morgan) have senior investigators with many years of experience that have recovered in over 70 countries and have the means and capabilities to do so in over 200 countries worldwide. We (Lincoln & Morgan) maintain a multilingual staff and offer translating services in over 100 countries. Flexibility in Approach: Historical studies conducted by the U.S. Department of Economics reveal that each day after a receivable becomes 90 days past due, you have a problem, regardless of the reasons provided by the customer. We (Lincoln and Morgan) can do the “soft audit” mediation for your existing clients through a full-scale litigation recovery effort.
Other advantages of mediation include: the fact that parties can engage without being seen to lose face as mediation is a planned part of the dispute resolution process; the mediator can be entrusted with the “true” position of each party as to where it will settle, hence he can help the parties to bridge the gap between them since he will know how wide the gap truly is as opposed to the parties’ public statements; a mediator does not judge the issues but facilitates agreements which can be committed to in a binding form.
Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.
Below are some common issues to look at when considering whether the UCC lien against your business is legitimate: Overbroad- Does the collateral named in the UCC lien relate to the contract you signed with the merchant cash advance company, or did the company claim much more collateral than you agreed? Unclear- When you read the collateral in the UCC lien, is it clear what collateral you have allegedly pledged? Unfair- What or how much collateral should you pledge for a merchant cash advance? Did the merchant cash advance company take collateral in everything your business owns?
