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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

What is a Merchant Cash Advance?

A Merchant Cash Advance (“MCA”) allows an MCA provider (“buyer) to purchase future credit or debit card sales from the merchant (“seller”). The payback amount depends on the merchant’s sale volume. Merchant Cash Advances differ from loans because the buyer of the future receivables takes on the risk of non-payment. When a Merchant Cash Advance is constructed correctly, it will not be considered a loan and will not be subject to state usury laws. However, while the original intent was to provide small businesses with an alternative to traditional loans, predatory lenders have disguised their usurious loans as MCA’s to circumvent state usury laws and charge interest rates that exceed the maximum allowed.

How Do You Stop an Eviction in New Jersey?

Update as of 6/14/21

Jamal Romero, Esq: Has the pandemic left you without a job and you can’t afford to move. Have you ever wondered if you can stop an eviction proceeding? The following information can assist you if you received an eviction notice.

The price of living can sometimes be high, and often we will be faced with eviction, something that everyone in New Jersey wants to stop. How does one stop an eviction when it starts? This is the question every single renter has asked, especially under times of financial distress. Maybe you were laid off. Maybe your rent is increasing. Either way, your landlord has sent you an eviction notice, one that demands your immediate attention.

It is highly possible that you are in the middle of an eviction right now, facing off against odds that might leave you stranded and without a home. In this event, what are some measures you can take to avoid eviction? And is bankruptcy a solution that might help you?

How Long Does Foreclosure Take in New Jersey?

When you are behind on your mortgage payments, it is only a matter of time before you ask how long you have before the foreclosure process begins.

In New Jersey, when you take out a mortgage loan, your property serves as collateral for that loan. If you fail to meet your due payments, your home may be taken from you by your lenders and creditors. Your lender or creditor has a lien on your property, which makes them legally justified to foreclose on their collateral.

That means you might lose your house and home when the lender – with the assistance of the county sheriff -- sets out to sell your property to pay off the outstanding debt to the lender that you have accrued. This is referred to as a Sheriff Sale. It is the final step in the process known as foreclosure. From start to finish, how long does a foreclosure take in the state of New Jersey?

How Much Does it Cost to File Bankruptcy in New Jersey?

When you file for bankruptcy, you are often struggling to overcome the fees and debts that have smothered your financial status, so when you are offered a solution to escape that debt, your first question is “Well, how much will it cost me?”


Ultimately, bankruptcy will probably save you more than it will cost you. If your debts are piling up and you stand to lose your house, your car, your property – then filing for bankruptcy is a small price to pay. However, there are fees along the way that you will need to make to push the process along.

How Do You Rent a New Apartment After Filing for Bankruptcy in NJ?

When you file for bankruptcy, you often feel marked by the filing. Whether you’re buying a new car or looking for a new apartment to rent, you remain conscious that your bankruptcy will follow you. Bankruptcy remains reported for a time on your credit score.

If you intend on finding a new apartment or a new house to rent, you will need to be open about your financial history. This includes any past bankruptcy filings or prior evictions. Some landlords will obviously reject people if they do not feel your records satisfy their needs for a tenant. This can be highly stressful for people who needed bankruptcy relief.

If you are looking for a new place to live and are afraid that bankruptcy will hold you back from success, then you may want to consider a few factors before moving forward in order to know where you stand and how you can convince a landlord to give you a new lease on an apartment.

Is it Better to File Chapter 7 or Chapter 13 Bankruptcy in New Jersey?

When someone researches bankruptcy for the first time, they come across individuals discussing their experiences with two entirely different forms of bankruptcy: Chapter 7 or Chapter 13. Bankruptcy, with its numerous chapters and subchapters, might be an overwhelming to an ordinary person. It might take hours of research, for example, before one realizes that Chapter 11 is usually only an option for businesses and not private individuals trying to eradicate debt.

Without an experienced bankruptcy professional guiding your way, Chapter 7 and Chapter 13 might seem like nebulous concepts. How do you know, for example, whether you should consider liquidation? How do you know which option can better help you reorganize your credit and dispel unsecured debt? In cases like these, you need to consider what Chapter 7 Bankruptcy and Chapter 13 Bankruptcy both bring to the table, how they can help you understand and navigate your financial situation, and what you should do when and if you choose to file for bankruptcy as an individual in New Jersey.

What Happens If You Let an Underaged Person Drive Drunk in New Jersey?

Some parents do not see the harm in letting their underage children drink a little, but everyone should understand the dangers of giving an underaged person a drink before letting them drive drunk, especially in the state of New Jersey. For many, alcohol represents a rite of passage: a sign of transition from the adolescence cokes and Frappuccino’s. However, unlike highly caffeinated beverages, alcohol can make you a lethal, mobile hazard when you’re behind the road.

While a person is ultimately responsible for their own actions when they choose to drink and drive, adults who allow such behavior – or, indeed, anyone who allows teens to drink, even other teens – should bare a degree of responsibility. You could have stopped a drunk driver from smashing down a person at a crosswalk. You could have stopped a drunk driver some smashing a man along the passenger door, catapulting an innocent headlong through the opposite window, with only the other driver there to break their fall. A recent New Jersey ruling has changed how much responsibility do you bear for allowing an underaged person to drive drunk in New Jersey.

Are Merchant Cash Advances Legal in New Jersey?

A Merchant Cash Advance (“MCA”) allows an MCA provider (“buyer") to purchase future credit or debit card sales from the merchant (“seller”). The payback amount depends on the merchant’s sale volume. Merchant Cash Advances differ from loans because the buyer of the future receivables takes on the risk of non-payment.

How Can I File a Personal Injury Lawsuit in New Jersey?

It is hard to know how to file a personal injury lawsuit if you have never known someone who sued another party for damages. The process might seem unknowable or beyond understanding from the perspective of an outsider. The layman knows the process involves a personal injury lawyer and civil court.

If you are afraid of filing for a personal injury lawsuit, you need not worry. The process to filing is straight forward and matter of fact. Filing for a personal injury lawsuit in New Jersey is a straightforward, simple process. The following information takes the complexities of the process, simplifies them so that anyone can understand how it works, and gives you the knowledge you need to make filing Personal Injury suits easy.

No Fault Personal Injury Protection (PIP) vs. At Fault Insurance Coverage in New Jersey

In New Jersey, understanding PIP coverage is essential, as it might be required to protect yourself when you need medical coverage. To illustrate how, consider this: the worst has happened: you are in a car accident. You need immediate medical attention. The first thought that races through your mind is that question you always ask when you’re hurt: will your insurance decline to cover your immediate injuries. The reality is that several of us are injured behind the wheel. We often do not understand the complex laws surrounding personal injury to fully understand your rights.

Most specifically, when dealing with Personal Injury Protection Coverage – or PIP – we do not know for sure how it can help us in the event of a worst-case scenario. You might have heard of No Fault or At Fault accidents. While on the outside these can sound drastically different, it might be hard to determine what damages can count as a No Fault claim as opposed to what an At Fault claim is.

All of these concepts might sound complicated, but in practice they are far more straight forward than you might believe. If you are unsure whether your insurance will cover you or if you have to fight for damages, let us shed light on both concepts, when both apply, and how to get the money you need to recover after an accident.

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