Dealing with Fresh Funding in Utah?

When your business cash flow is compromised by aggressive daily ACH withdrawals, the impact on your operations can be severe. Fresh Funding often utilizes merchant cash advance agreements that prioritize their recovery over your company’s ability to meet payroll or cover overhead. At Cannon Legal PLLC, we represent Utah business owners who are struggling under the weight of these financial obligations. Our goal is to stabilize your business by challenging the terms of these agreements and seeking a path toward sustainable operations.

The Legal Reality for Utah Consumers

In Utah, the legal landscape regarding merchant cash advances hinges on whether the transaction qualifies as a purchase of future receivables or a disguised, usurious loan. We scrutinize whether Fresh Funding honored mandatory reconciliation or “true-up” clauses when your business revenues declined. Failure to provide this reconciliation can fundamentally alter the nature of the contract. Furthermore, if the creditor has already obtained a judgment through confession or default, we can assist in filing a Motion to Vacate under Utah Rule of Civil Procedure 60(b), specifically arguing that the process lacked due process or that the confession was executed under false pretenses.

Ignoring a court summons or a judgment from a third-party debt buyer will not make the problem disappear. In Utah, failing to respond to a lawsuit within the required timeframe can lead to a default judgment, which may grant the creditor the ability to levy bank accounts or place liens on business assets. Act immediately to protect your legal standing.

How We Fight Back

At Cannon Legal PLLC, we focus on holding creditors to the strict standards of evidence required by law. We can help you navigate the process through the following targeted services:

  • Negotiated Workouts: We work to restructure your daily payment obligations, aiming to reduce the immediate pressure on your cash flow and align debt service with your current revenue realities.
  • Subchapter V Bankruptcy: For businesses facing insurmountable debt, we provide counsel on Exploring Business Bankruptcy Options to reorganize your liabilities while maintaining control of your operations.
  • Corporate Restructuring: We analyze your organizational structure to implement strategies that prioritize long-term operational survival and minimize the risk of future litigation.

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