Lawsuit Cash Advance Overview
Posted: Wednesday, August 09, 2006
by The Funding Exchange
The Funding Exchange
Lawsuit cash advances
can be confusing especially for someone who was recently introduced to the
concept. What is a lawsuit cash advance? Do I need lawsuit cash advance? How do I get funding for my lawsuit? When I am approved for lawsuit cash advance,
do I have to pay back the money? If I am
denied funding does it mean that I do not have a good case? These are all very good questions and the
following text will answer these questions and more.
What is lawsuit cash
advance?
A lawsuit cash
advance is not a “loan"
at all but rather it is a cash advance based upon the merits of a lawsuit that
provides a plaintiff with sufficient funding to reach the conclusion of the
case when the plaintiff will receive his/her fair share of the settlement or
verdict. Lawsuit cash advance companies
invest in the lawsuit itself as opposed to advancing money to the plaintiff in
the form of a loan. A lawsuit cash advance is not based on a plaintiff’s prior credit or bankruptcy
status. Other terms used for this type
of funding include: lawsuit loan, litigation finance, litigation loan, lawsuit
funding, lawsuit finance, litigation cash advance, case loan, case cash
advance, plaintiff cash advance, litigant funding, pre-settlement loan,
pre-settlement lending, pre-settlement cash advance, etc.
Do I need lawsuit
cash advance?
Lawsuit cash advances should not be a substitute for your
settlement but rather a raft that helps you stay afloat while your attorney
fights for you. Too many plaintiffs
apply for a lawsuit cash
advance with the belief
that a lawsuit cash advance is simply a different way to get
their settlement money. Assuming you win
your case, the amount owed to the lending company varies greatly depending upon
the length of time between the date of the advance and the date when you
receive the settlement/verdict money.
You should exhaust other means of funding first. Also, a good guideline to use is that lawsuit cash advance companies generally advance up to 10% of the estimated
settlement amount. There are some good
internet sites that give more background on lawsuit
cash advances. Some good sources of information are The
Funding Exchange (www.TheFundingExchange.com)
and Expert Law (www.expertlaw.com).
How do I get funding
for my lawsuit?
Lawsuit lending
companies have popped-up all over the country.
Some tout their “low interest rates" or how they are the most lenient when
it comes to approving lawsuit loans. For
every 1 respected lawsuit lending company there are 3 that will do anything to
charge plaintiffs random penalties that make no sense. These penalties help to offset their “low
interest rates" and many times end-up costing the plaintiff more of their
settlement. A good option is The Funding
Exchange (www.TheFundingExchange.com). The Funding Exchange is a network of the most
respected lawsuit lending companies in the industry. You complete one application on The Funding
Exchange and your application is intelligently routed to the best lending
companies for your specific situation.
If I get a lawsuit cash
advance, do I have to pay back the money?
Almost all
lawsuit financing companies give non-recourse funding to plaintiffs thus
requiring the plaintiff to pay back the advance and fees/interest only upon a favorable decision in the
case. If the case is lost then you can
keep the cash advance with no obligation.
If you win your case then part of the settlement amount will go towards
repaying the cash advance plus interest and fees. The amount owed to a litigation finance
company increases the longer that your case takes to settle so keep that in
mind.
If I am denied
funding does it mean that I do not have a good case?
The simple answer is
“no." Being denied for a lawsuit cash
advance does not mean that your case is not a good case or that you will
actually win less money than you think.
There are many different reasons why funding is denied. One reason is that the estimated settlement
date is too soon. Litigation finance
companies make money by accruing interest on their investment in your
case. If your case is supposed to settle
in 2 months then a litigation finance company will not make any money because
the settlement date is too soon and therefore they may decline the funding
request. Other reasons for denying
lawsuit loan applications include: attorney will not provide documentation,
attorney will not sign contract, plaintiff demands too much money, etc.
Conclusion
As a plaintiff, you
should understand lawsuit cash advances and the process of securing a lawsuit
cash advance before you apply. If your
expectations are set correctly and you proceed with a lawsuit cash advance then
you will find that it is a saving grace in the turbulent world of
litigation. If you apply for a lawsuit cash
advance without an understanding of litigation finance then you may be
disappointed.
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