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What is an advance against my case? |
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If your case qualifies, Equity Litigation Funding can pay you cash now for a portion of the proceeds that you will
receive in the future when your lawsuit is either setteled or a verdict in your favor is rendered at trial.
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Why do I need an advance? |
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You should apply for an advance only after careful consideration. It may help you pay for necessities or other costs
while you wait for your case to settle or be tried.
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What is usury? |
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The term usury or usurious refers to laws enacted by many states that prohibit loans above a certain statutory
interest rate. The term usually refers to recourse loans, i.e. loans that must be repaid by the debtor regardless
of any contingency. Because the repayment obligation to Equity Litigation Funding, LLC is completely dependent
upon whether the Plaintiff recovers, our services are not loans and therefore are not subject to the laws on usury.
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What does contingent advance mean? |
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It means that repayment of the advance by the client is contingent on the resolution of their lawsuit.
If you lose your case or do not receive payment from the defendant, you owe us NOTHING. By investing in your
case, we share the risk with you.
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Is this advance the same as a conventional loan? |
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No, but it’s a way for you to get money when you need it. Most conventional loans are recourse loans, which means
that they must be repaid regardless of any contingency such as the outcome of a lawsuit. In return for our advance,
you must sign a contract where you will agree to give up a portion of your proceeds from the lawsuit to Equity
Litigation Funding, LLC if the case is resolved in your favor. Your attorney will pay us our portion directly from
the proceeds of the case.
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How much money can I receive? |
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The amount of money you can receive depends on the estimated future value of your claim and its chances for a
favorable outcome. Generally, a client is free to request any amount.
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How much can I expect to pay for an advance from Equity? |
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Our rates depend on the amount of the advance and the level of risk associated with your case. During the underwriting
process, the case is evaluated individually. Generally, because of the high risks associated with investing in
lawsuits, clients can expect to pay a premium for the advance.
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Is the contingent advance more expensive than a bank loan? |
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Yes. A contingent advance and a bank loan are different. Clients are not required to repay a contingent advance if
they lose their case or do not receive payment from the defendant(s). However, if you recover proceeds from the
lawsuit, you will pay a premium for the advance. The premium is usually higher than the interest rate that you
would pay for a bank loan, although a bank loan must be repaid regardless of whether you win or lose your case and
most banks will not approve loan applications without some form of collateral to secure the loan.
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Should I get an advance to pay off my credit cards? |
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Probably not. The applicable interest rate on credit cards varies, but is usually less than the premium you would pay
for the advance if you win your case.
It may make sense to continue making the monthly payments until you receive the proceeds from your lawsuit.
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How long does it take to receive an advance? |
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Every case must be evaluated before a decision can be made. In each case, we need to speak to the client’s attorney
and require his/her cooperation. In some cases we also require to see documents related to the case. We work promptly
and efficiently, but cannot control the availability of clients’ attorneys. Some cases have been funded within 48
hours, while others can take several weeks. However, once all of the required information is received, most funding
decisions are made within 48 hours.
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What does the term settle mean? |
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The majority of cases are settled out of court by the parties. This usually means that the defendant will compensate
the plaintiff for his/her damages without going to trial.
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May an attorney refer his/her client to Equity? |
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Yes. In fact, several state bars, have issued favorable ethics opinions regarding the attorney’s ability to refer
clients to an institution that will provide contingent funding.
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What is Equity Litigation Funding, LLC's role in the lawsuit once I receive an advance? |
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We do not participate in your lawsuit in any way whatsoever. All decisions regarding the case are left to the Plaintiff and his/her attorney.
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Does your advance to me affect my attorney's fee? |
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No. Our profit is figured on the amount of the advance, an applicable return rate and how long the payback period is. Your attorney still receives their entire fee.
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Can I seek my attorney's advice regarding your service? |
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Absolutely. In fact, we encourage you to do so.
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What percentage of the proceeds do you purchase? |
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This depends upon a number of factors including how much money you request, the liability of the third party and the nature of your injuries. After we evaluate the case, we will tailor an offer specific to your needs.
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Will you fund a case before a suit has been filed? |
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Yes. So long as there is sufficient information in the file for us to make a determination as to the approximate value of the case.
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Does it matter how long the case takes to settle or to obtain a verdict? |
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Yes. Most advances are made on a basis of how long the money is "out". Other than the amount of the advance, it is
one of the biggest factors in determining the payback obligation. However, some service can be tailor made for
specific cases where a flat fee is requested and the duration of the case is no longer a factor.
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