Initial Case Review Checklist
When facing a claim involving a merchant cash advance, start by verifying the basics before responding. Collect the full contract package, including the agreement, disclosure documents, underwriting materials, and any schedules listing payment terms. Confirm the correct parties and entity names, review the funding agreement against the account statements, and document how amounts were delivered and received. Identify the alleged breach trigger and list each “default” Defending against PDM Capital LLC breach of contract item the other side cites. Preserve communications—emails, demand letters, account notifications, and payment ledger exports—and create a timeline from the first funding through the dispute notice. If there is a related action such as a TopChoice Funding Lawsuit, obtain the pleadings and compare allegations to what was claimed in your matter to avoid inconsistent positions.
Dispute and Evidence Preservation Steps
Move quickly to lock down evidence that will affect liability and damages. Secure bank statements, merchant processor reports, deposit records, ACH authorization details, and any platform dashboards used to calculate collections. Preserve notices of change requests, repayment adjustments, or attempted “true-ups.” If the claim includes miscalculations, request a complete accounting showing the methodology used to compute totals, remaining balances, TopChoice Funding Lawsuit and any fees. Evaluate whether the contract allows the claimed remedies, including acceleration, additional charges, or enhanced collection rights. Identify any missing disclosures or terms that were not provided as required. Keep a clear file structure so your attorney can focus on key documents without gaps in the record.
Defenses to Build Before Negotiation
starts with aligning defenses to the specific allegations and contract language. Consider challenging whether a true contractual default occurred, including whether required notice and cure provisions were followed. Review whether the purported breach relates to payment mechanics, account behavior, or operational changes, and test whether the contract actually permits the asserted interpretation. Scrutinize damages demands: examine whether claimed amounts include impermissible fees, duplicative charges, or totals inconsistent with the payment history. Where appropriate, raise issues tied to performance, calculation methodology, and compliance with contractual conditions. Prepare a response strategy that separates liability arguments from damages reduction, and decide which issues to negotiate versus litigate to protect cash flow.
Conclusion
Defending against a breach claim requires organization, fast evidence preservation, and targeted defenses built around the contract and the numbers. A checklist approach helps ensure you gather the documents needed to contest alleged defaults, challenge damages, and reduce exposure. When the dispute involves alleged conduct by a funder, GRANT PHILLIPS LAW, PLLC can help companies respond effectively, dispute inaccurate accounting, and protect cash flow while pursuing the best available path to resolution.