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  • How Do Merchant Cash Advances Differ From the Sale of Future Receivables?
    How Do Merchant Cash Advances Differ From the Sale of Future Receivables?

    The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables: 1) Legal Nature: An MCA is not technically a loan, but rather an advance purchase of a business's future ...

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  • E-Signatures in New York: Validity and Enforceability in Debt Lawsuits
    E-Signatures in New York: Validity and Enforceability in Debt Lawsuits

    Understanding E-Signatures and Contractual Waivers in Purchase of Future Receivables In the recent case of AJ Equity Group LLC v. The Office Connection, Inc. et al., 197 N.Y.S.3d 925 (N.Y. Sup. Ct. ...

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  • Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions
    Merchant Cash Advance Agreements: The Importance of Validating Waiver of Service Provisions

    In our collection-defense practice, I often encounter this scenario: an out-of-state defendant being served by email, regular mail, or certified mail. There is only one problem: those methods alone ...

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  • The Hidden Challenges Debt Buyers Face in Litigation in 2024
    The Hidden Challenges Debt Buyers Face in Litigation in 2024

    Debt Buyers Confront Tougher Landscape in 2024 In 2024, the standing of debt buyers in New York is influenced by several factors, including regulatory changes and broader economic conditions. The New ...

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  • Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim
    Citibank Fails to Show Debtor Retained Account Statements Without objection; Appeals Court Rejects its Account Stated Claim

    In a notable appellate decision, Citibank (S.D.), N.A. v. Brown-Serulovic, the Appellate Division of the New York State Supreme Court's Second Judicial Department overturned a lower court's decision ...

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  • American Express vs. Dalbis: A Case Study on Evidentiary Challenges in Debt Litigation
    American Express vs. Dalbis: A Case Study on Evidentiary Challenges in Debt Litigation

    This blog reflects on a significant, prior New York City ruling denying American Express Bank's request for a default judgment against a credit card holder due to insufficient evidence. Three findings ...

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