Legal Briefs

The Madden Decision, Three Years Later

February 18, 2018
Article by:

Thurgood Marshall United States Courthouse

Above: United States Court of Appeals for the Second Circuit. New York, NY This story appeared in deBanked’s Jan/Feb 2018 magazine issue. To receive copies in print, SUBSCRIBE FREE At first, reversing the 2015 Madden v. Midland Funding court decision, which continues to vex the country’s financial system and which is having a negative impact […]

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Kalamata Capital / Biz2Credit Lawsuit Settled

January 31, 2018
Article by:

law books

An old dispute between Kalamata Capital and Biz2Credit came to an end today, according to court records. A stipulation of discontinuance with prejudice was filed that confirmed the parties had settled all matters between them. Kalamata Capital had originally brought the action against Biz2Credit in December 2014.

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Law Firm Sued for Tortious Interference With Loans and MCAs

January 31, 2018
Article by:

Stacking lawsuit

Rhode Island Superior Court has a tortious interference case on its hands. Small Business Term Loans, Inc., and BFS West, Inc. v Christopher M. Mulhearn, and Law Office of Christopher M. Mulhearn, Inc. is yet another front in the debt settlement war enveloping the alternative finance industry. Here, the plaintiffs (known to many as BFS […]

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Default Judgment Against MCA Company Vacated

January 30, 2018
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law books

A default judgment against a South Florida merchant cash advance company has been vacated, according to court records. 1st Global Capital fell victim to a mishap last November when they failed to a respond to a lawsuit defendant’s counterclaim of usury. 1st Global, who learned about it through a blog post, responded by filing a […]

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Attorney Suing Dozens of MCA Companies Disqualified as Counsel

January 29, 2018
Article by:

Court Order

Rayminh Ngo, an attorney with Higbee & Associates that has appeared in no less than 80 lawsuits against merchant cash advance companies in New York State, hit a fatal roadblock in one case, court records reveal. That’s because Ngo and Higbee aren’t qualified to practice law in the State of New York. This disturbing matter […]

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MCA Helpline, A Debt Settlement Company, is Sued For Tortious Interference

January 25, 2018
Article by:

Broward County Courthouse

The Broward County Courthouse. Photo by Georgia Guercio Debt settlement is under fire again. This time it’s a trio of defendants, namely MCA Helpline, LLC, Decision One Debt Relief, LLC and Todd Fisch individually, according to a complaint filed by plaintiff Everest Business Funding on Wednesday in Broward County, Florida. Everest is seeking damages for […]

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Defendants in Forged COJ Case Failed to Respond to The Complaint

January 16, 2018
Article by:

notary stamp

The lawsuit brought by FundKite against defendants alleged to have forged a Confession of Judgment (COJ) is not going so well for the defendants. Last week, FundKite filed a proposed order for a default judgment since none of the defendants ever appeared to defend themselves. Meanwhile, circumstances surrounding the suspicious notary stamp on the COJ […]

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Stacking Lawsuit Trial Date Set

January 16, 2018
Article by:

court ruling

The lawsuit between RapidAdvance and Pearl Capital has a trial date, June 25, 2018. RapidAdvance, who filed the complaint in 2015 in the Circuit Court for Montgomery County in Maryland, has sought to recover damages for tortious interference. Considering that RapidAdvance’s loan to the merchant at hand was only for $31,000, this litigation, which is […]

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Judge Okays Leave to Add Additional Defendants in Kalamata Capital / Biz2Credit Lawsuit

December 12, 2017
Article by:

law books

Update in the Kalamata Capital LLC v Biz2Credit, Inc. and Itria Ventures, LLC lawsuit A three-year-old lawsuit pending in the New York Supreme Court has experienced a flurry of motion practice, according to the docket. The latest order issued by the Honorable Kelly O’Neill Levy granted Kalamata Capital leave to amend the complaint to include […]

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MCA Funder Asks Court to Set Aside Default Judgment in Usury Case

November 10, 2017
Article by:

law books

If it wasn’t for the Usury Law Blog, an MCA company may never have known about the default judgment entered against it in Florida for usury, according to documents filed in the case. On Wednesday, the funding company filed a motion to set aside the default judgment and reopen the case on the basis that […]

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