Quality legal & litigation legal solutions by Lincoln & Morgan : We perform in-depth and detailed financial investigations on each UCC lien enforcement matter. This includes both the commercial entity as well as the guarantors, landlords and successor entities involved. This gives us the confidence and knowledge needed to pursue each collateral investigation. In the event the investigation reveals possible discrepancies in the borrower’s financial documents, we can then notify the lien holder so that a decision can be made on possible avenues of remedy. Find more information at Lincoln & Morgan.
We (Lincoln and Morgan) specialize in only Commercial Mediation, UCC Lien Enforcement solutions, thereby guaranteeing the highest possible recovery of the secured assets and where possible lien releases. If a simple mediation solution is achievable in lieu of collateral surrender we will explore all options presented to ensure the best possible outcome is reached for all involved. We will consider all reasonable solutions prior to a final decision. We specialize in only Commercial Mediation and Litigation solutions, thereby guaranteeing our clients the highest possible recovery of both the cash that was due and the customer when repeat sales are desired!
Preparation: Having agreed to mediate, the parties will need to appoint a mediator and draw up the mediation agreement. This agreement will evidence the fact that the parties have agreed to resolve their differences by mediation, and record the date and venue of the mediation, the choice of mediator and who will attend. Other issues it should cover include costs of the mediation and how these will be split between the parties, and the fact that the mediation is confidential and without prejudice. In terms of preparing for the mediation itself, the parties exchange written submissions together with any supporting documents in advance. These are usually summaries of the parties’ respective legal cases and commercial positions.
The results of this survey clearly demonstrate the critical importance of taking positive action when an accounts receivable ages past its due date. Today’s competitive economy requires that companies maintain a healthy cash flow with the ability to adapt to changing market conditions. Companies must take a hard line on past due receivables, and turn them over to professional help when their internal efforts have not proved successful and within 120 days.
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?
