Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary:
Lincoln and Morgan is a debt collection law firm that will sue you if you fail to pay off a debt to your
creditor or lender. To settle the issue, file a written Answer with the court to block a default judgment. This
will
give you time to negotiate and settle outside of court. Solo can help.
If Lincoln and Morgan have been calling you to say they represent Kabbage, then you might be part of a debt
collection lawsuit. You may have borrowed from Kabbage because they offer easy loans with an application decision in
minutes.
Applying for a loan gives Kabbage access to your business performance and credit score in order to determine
eligibility for a loan. If your application is accepted, Kabbage will offer immediate access to funds. With lines of
credit up to $250,000 in all 50 states, the loans can be used for working capital needs such as inventory,
renovations, and payroll.
While these loans are easy to obtain, it's just as easy to fall behind on your Kabbage loan payments. If this
happens to you, Kabbage might hire Lincoln and Morgan to represent the company and file a lawsuit against you.
Here's everything you need to know about Kabbage, Lincoln and Morgan, how to respond if you’ve been sued, and how to
settle your debt and save money.
Settle debt with Lincoln and Morgan Kabbage
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Purchased by American Express in 2020, Kabbage is a technology-based company offering business funding to small
businesses that are struggling with cash flow. You may think you need quick cash for your business, and finding
Kabbage can feel like the help you were looking for.
While Kabbage claims to offer loans of up to $200,000 to small businesses, the patent periods are short. This means
it can be difficult to pay them back.
However, loans with Kabbage are offered as lines of credit. They offer either 6, 12, or 18-month installment loans.
If you have one line of credit, you can typically also withdraw multiple loans from the line of credit.
Despite this, each loan has its own loan agreement and terms. You will pay fees on the loan amount but not the line
of credit in the form of an equal amount each month. You may even be required to sign a confession of judgment if
you default. Because of this form of loan, it can often lead to default.
Who are Lincoln and Morgan?
Lincoln and Morgan is first and foremost a “mediation firm,” which essentially means they are lawyers for hire. With
a network of attorneys throughout the US, Lincoln and Morgan specializes in representing creditors and helping
collect on defaulted debts. This firm also focuses on commercial mediation and UCC lien enforcement solutions.
So, if Kabbage is suing you for a debt you owe and Lincoln and Morgan is connected to the case, it's because this is
the firm representing Kabbage.
Who does Lincoln and Morgan collect for?
Lincoln and Morgan collect for creditors, banks, and financial institutions who have hired the firm to represent
them legally when a debt has become so delinquent that legal action is required to collect it.
It's easy to default on a Kabbage loan
Because Kabbage loans are designed to those with the intent to give businesses quick access to cash, they often lead
to struggles with business debt and loan default. Kabbage often boasts that it can offer alternatives to merchant
cash advances. However, this type of loan can drain your business of much-needed cash, which leads to default. In
most cases, short-term loans or small business lines of credit are better options. They are more affordable and less
dangerous.
There are many proven debt relief strategies that can help your business get out of debt. You can find a solution to
what feels like a never-ending payment on a business loan, or go into default. It is essential you respond to all
inquiries about the loan, and if you are sued for the loan, attempt to resolve it. If Kabbage takes you to court
over the debt, here's how you can respond and win.
Negotiate a debt settlement with Lincoln and Morgan
If you acknowledge the debt is owed, then it is recommended to try and negotiate a debt settlement. Debt collectors
like Lincoln and Morgan are generally open to considering a settlement of the debt for less than the full amount you
owe, especially if you make a reasonable lump sum offer.
Below are three steps you should consider taking to try and negotiate a debt settlement:
Step 1: Figure out how much you can reasonably pay toward the balance
Before initiating settlement negotiations, determine how much you can actually afford to pay in a lump sum. Your
calculation should take into consideration your other living expenses. If you don’t have sufficient funds to make a
lump sum payment, try to calculate what you could pay in installments.
Step 2: Make an offer and negotiate
Once you’ve figured out how much you can repay, the next step is to try and negotiate a settlement. Start by
offering a lower percentage of the total debt, typically 30% to 50% of the original amount,
and be prepared to negotiate upward. If possible, offer a lump sum payment as creditors are more likely to accept a
lower amount if they receive an immediate payment.
Step 3: Get the debt settlement agreement in writing
Before making a payment toward the debt, ensure you receive a written agreement outlining the terms of the
settlement. This is known as a debt
settlement agreement. The agreement should clearly state that the payment will settle the debt in full and
that they will not pursue any further legal action or collections.
To learn more about these steps, watch our video guide below:
Read Lincoln and Morgan reviews online
If you’re looking for insight into how other people have fared when engaging with Lincoln and Morgan on a debt
collection issue, then take a brief moment to check out these online reviews:
It’s reasonable to say that Lincoln and Morgan’s online reviews are a mixed bag (some positive, some negative).
Nevertheless, there are some reviews that indicate people can have a pleasant and productive experience
communicating with Lincoln and Morgan collectors to achieve a resolution to their debt issue. Take, for example, a
real review posted by a borrower named Kevin:
“Lincoln and Morgan have been easy to work with. My health issues caused me to get behind on a few things
but
thru this company I have been able to make positive strides in correcting those issues. They have a job to
do
but have not been unpleasant at anytime during my history and involvement with them.”
Kevin’s review shows that debt collectors with Lincoln and Morgan are open to working with you to resolve your debt
collection matter.
Of course, if the idea of contacting a debt collector to engage in negotiations sounds terrifying, then consider
utilizing SoloSettle to negotiate online and resolve your debt
through our cutting-edge digital settlement platform.
If Kabbage is suing you for a debt you owe, hope is not lost. You can represent yourself in court and win. Here are
3 simples steps you can take to beat Kabbage (represented by Lincoln and Morgan) in court:
Respond to the lawsuit
Challenge Kabbage's legal right to sue
File your Answer in court and send a copy to Lincoln and Morgan
Now, let's break down each of these steps to give you the best chance of winning your case.
Step 1: Respond to the lawsuit
The first step to beating Lincoln and Morgan and Kabbage in court is to respond to the lawsuit by filing a written
Answer with the court. This is one of the main mistakes debtors make when it
comes to a lawsuit; in fact, almost 90% of people sued for debt automatically lose simply because they do not
respond. Don't be one of these people!
By failing to respond to the notice, Kabbage will most likely file a motion for default judgment against you. This
gives Kabbage the legal right to take money from your bank account, garnish your wages, and seize your property.
Most of the time, a default judgment also includes attorney's fees, court costs, and interest to the original
balance as well. So you might end up paying way more than you owed in the first place.
In your Answer, do not admit liability for the debt. Instead, you should force the creditor to prove the debt as
well as your legal responsibility for it. Check out this video to learn more about drafting a strong Answer:
It is important that you respond within the time period set by the court Summons. The deadline to respond is
anywhere from 14-30 days depending on which state you're in. If you
miss this deadline, default judgment will likely be awarded against you.
Step 2: Challenge Kabbage's legal right to sue
When you are sued for debt, the “burden of proof” rests on Kabbage. This means that they must prove you are
responsible for the debt, that they can legally sue you, and that you owe a specific amount.
If you challenge Kabbage's right to file a lawsuit against you, then they are forced to prove the debt is yours. You
can do this by including a section in your Answer with your affirmative defenses. These are reasons that Kabbage
does not have a case against you. Here are some common affirmative defenses:
The debt is past the statute of limitations (the time period in
which a collector can legally sue for a debt), which varies by state.
You did not incur the debt: If you have been the victim of identity theft, then this is an affirmative defense
against being responsible for the loan. Be sure to have filed a police report when you first learn about being a
victim of identity theft and bring this to court.
You paid the debt: It is essential to find proof if you have already paid the debt. You are most likely being
sued by a debt collector who has purchased your debt from another debt collector who purchased your debt. They
most likely do not have great record-keeping, which is good for you. They must be able to prove that you still
owe the debt.
You are being sued for an incorrect amount: If you are being sued for a wrong amount then the creditor must come
to court to prove exactly what you owe.
Step 3: File your Answer in court and send a copy to Lincoln and Morgan
Once you've drafted your Answer and asserted your affirmative defenses, make sure to file it in court within the
deadline. Don't forget to print a copy and serve Kabbage's attorneys, or most likely Lincoln and Morgan. This is
very important, because if you don't serve the opposing party, the court might reject the validity of your Answer.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.