Excellent mediation and forwarding law firm by Lincoln & Morgan : We specialize in commercial mediation and UCC lien enforcement solutions. As specialists, we are able to guarantee the highest possible recovery of the secured assets, and where possible, effectively mediate lien releases. Oftentimes a mediated solution is achievable with the parties in lieu of collateral surrender. We diligently explore all options to ensure the best possible outcome. We consider all reasonable solutions prior to a final decision on enforcement. Discover more information on Lincoln and Morgan.
We (Lincoln and Morgan) can perform in-depth and detailed financial investigations on each company and guarantor. This gives us the confidence upfront to know we are making a solid decision in the pursuit of the secured collateral. In the event the investigation shows possible discrepancies in the financial documents provided by the recipient we can notify the Lien Holder of the discrepancies so that a decision on all the possible methods of remedy can be considered.
Other advantages of mediation include: the process is consensual – either party can walk away; the process is forward-looking and can maintain the business relationship between the parties more effectively than litigation/arbitration, which are both retrospective and antagonistic forms of dispute resolution; what is said in mediation is confidential and without prejudice (up to the point where agreement is reached)4; and the parties are able to agree on solutions that would be beyond the scope of a judge or an arbitrator, for example, finding a “win/win” solution by introducing commercial issues not the subject of an existing dispute.
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.
Merchant cash advance companies use these liens as weapons to coerce you into paying a debt that you may not even owe them. A UCC lien is supposed to be a shield, to protect the funder from businesses who take money and try to run away with it, without paying the funder back. However, if a merchant cash advance company claims that you have defaulted, even if you have not, the company can still make the same demand, using this lien as a sword rather than a shield.