Counsel Handoff
When you need counsel on an MCA file
The line between advisory and counsel
Some mornings are not a refinance morning. If you have been served a complaint, if the operating account is frozen or restrained, if a confession of judgment has been entered, or if there is a levy or garnishment, licensed counsel starts today.
St. Germain Strategy is consulting, not a law firm. We are an advisory firm. We do not provide legal advice. We are not a debt settlement company. We do not hold client funds. We do not file. We do not appear. We do not contact lawyers for you. We do not name a firm. We help prepare the business file.
This page is education on the handoff. It is not an attorney directory. It is not a ranking play that claims we are lawyers. If you need a lawyer this morning, call one licensed in the right place.
Four events that start licensed counsel today
These are legal events. Advisory work ends as the lead. We will say so. We will not stand in.
- 01
Served complaint
You have been served. That is not a default notice and it is not a hallway call. A complaint is a legal event. Licensed counsel starts today. A default notice is a different step on what happens if you default.
- 02
Frozen or restrained account
The operating account is frozen or restrained. Do not wait on a refinance conversation to handle a frozen account. That is a lawyer today. The debit story that often comes first is on daily ACH.
- 03
COJ entered
A confession of judgment has been entered. That is counsel's morning, not an advisory form. We do not draft that form and we do not treat it as a consulting product. The operator definition is on the MCA glossary. New York 2019 reforms changed consumer and commercial edges around COJs. That is not a claim that every commercial COJ is banned. The state-flavored version is merchant cash advance help in New York.
- 04
Levy, garnishment, or execution
A levy, garnishment, or execution is in motion. Licensed counsel starts today. We will not stand in. Court does not automatically kill a personal guarantee. See MCA vs bankruptcy.
What we still do: prepare the file
Advisory can still prepare. Prep is not representation. The file a lawyer can actually use usually includes:
- The contracts, including addenda and any confession of judgment language
- The stack: funder, remaining balance, debit
- UCC filings against the business
- Cash-flow, including daily or weekly ACH and what clears before payroll
- Personal guarantee copies if you have them
- Notices already received
- What was already tried: refinance asks, hardship calls, payments that missed
We help assemble that file. You hire counsel. We do not appear with you. We do not file it.
If this is not yet a legal event
If you have not been served, if the account is not frozen, if no COJ has been entered, and if there is no levy, do not skip to a lawyer slogan. The consulting sequence is still the same. See how we work a file.
- 01
Refinance / take-out
First we try to refinance a merchant cash advance. Take-out replaces the MCA with a facility the cash flow can hold. Another MCA is not consolidation.
- 02
Negotiate from a file
If take-out is not available, we do not invent it. Next is a negotiation file: balances, ACH, UCC, the personal guarantee, and what done has to look like.
- 03
Counsel-prep
If the funder will not cooperate, we help you prepare a legal option with licensed counsel. That is still prep, not a filing. See how to get out of a merchant cash advance and MCA debt relief.
What we will not do
- File, appear, or treat prep as representation
- Contact lawyers for you, name a firm, or send it to our attorneys
- Stop ACH as the actor
- Hold client funds or run a settlement escrow
- Give legal advice or claim to be MCA lawyers
- Promise a recovery percentage or a 90% off result
You hire counsel licensed in the right place. We stay advisory. We stay on the business file.
Hypothetical illustration
Hypothetical. Not a client result. A US owner had a default notice after a missed daily ACH. That notice was not a lawsuit. The work was still a refinance package if take-out existed, then a negotiation file if it did not. A week later the owner was served a complaint. That morning was no longer a refinance morning. Licensed counsel started. Advisory work moved to preparing the contracts, the stack, the UCC, the cash-flow, and what had already been tried. We did not file. We did not name a firm. The owner hired counsel. This is an illustration of the handoff. It is not a result, not a promise, and not a claim about what a funder or a court will do.
Who this is for, and who it is not
This is for you if:
- You are a US business owner with a merchant cash advance file
- You have been served, frozen, hit with a COJ, or facing a levy, and you need the handoff said plainly
- You have not had a legal event yet and need the sequence before a lawyer slogan
- You want the business file prepared so licensed counsel can work, not a consulting firm standing in
This is not for:
- Anyone looking for MCA lawyers, an attorney directory, or a firm we will name
- Anyone looking for legal advice from us. We are not a law firm
- Anyone looking for us to file, appear, stop ACH as the actor, or hold funds
- Consumer debt or owners outside the United States
Related: How we work a file · MCA debt relief · Business debt relief
Speak With Us
If this morning is a legal event, call licensed counsel first. If you still need the business file prepared, put the contracts, the ACH, the liens, the notices, and the guarantee on the table. We will tell you what advisory can still do, and what it cannot.
FAQs
When do I need counsel instead of an advisor?
Served complaint, frozen or restrained account, COJ entered, or levy, garnishment, or execution: licensed counsel starts today. Advisory work does not stand in. If there is no legal event yet, the sequence is still refinance, then negotiate, then counsel-prep. See how we work a file.
Are you MCA lawyers?
No. St. Germain Strategy is an advisory firm. We are not a law firm and we do not provide legal advice. This page is education on the handoff. It is not an attorney directory. If you need a lawyer this morning, call one licensed in the right place.
Will you file for us?
No. We do not file. We do not appear. Prep is not representation. You hire counsel.
Will you stop ACH for us?
No. We do not stop ACH as the actor. Blocking the debit yourself can be a default. Put the file on the table instead of a homemade block. See when daily ACH is draining the operating account.
Will you recommend a law firm?
No. We do not name a firm. We do not contact lawyers for you. We do not send the file to our attorneys. You hire counsel licensed in the right place.
Is a default notice the same as being served?
No. A default notice is not a lawsuit. A notice follows a missed debit. Being served a complaint is a legal event. Licensed counsel starts on the legal event, not on the notice by itself. Read what happens if you default.
Does court or bankruptcy automatically kill the personal guarantee?
No. Court does not automatically kill a personal guarantee. Company bankruptcy does not automatically erase it either. Whether a path touches the signature is a licensed-counsel question. See personal guarantee on an MCA and MCA vs bankruptcy.
What should I bring to a lawyer?
Contracts, the stack, UCC filings, cash-flow including ACH, personal guarantee copies, notices, and what was already tried. That is the business file. Prep is not representation. Operator terms are on the MCA glossary.
I have not been served yet. What now?
If there is no legal event yet, do not skip to a lawyer slogan. Refinance first if take-out exists. Negotiate from a file if it does not. Counsel-prep if the funder will not cooperate. Start with how to get out of a merchant cash advance and MCA debt relief.
Do you guarantee a recovery percentage?
No. We do not promise a percentage. We do not make 90% off claims. We do not say what a funder or a court will do.
St. Germain Strategy is an advisory firm. We are not a law firm, we do not provide legal advice, and we are not a debt settlement company. We do not hold client funds. When a file needs licensed counsel, we will say so and help you prepare to work with them.
