TriMark Legal Funding is one of America’s original lawsuit funding companies. We have provided fast, low-cost pre-settlement funding to injured plaintiffs since 2003.
Legal Funding Is A Cash Advance, Not A Loan
Legal funding has existed since the late 1990s.
Since then, there has been an ongoing debate about whether legal funding constitutes a loan, such as a bank would make, or if it is something else entirely.
There have been numerous legal opinions written on the topic
Fundamental Differences
Loans
Legal Funding
Application Evaluation
CREDIT-BASED
Banks conduct credit checks before issuing a loan and base their rate on a consumer’s credit score.
Individuals with low or no credit pay high rates or cannot qualify for loans.
CASE-BASED
The funder examines the victim’s case and based on the merits of the case, approves or denies the application. No credit check is conducted and the decision is not based on a consumer’s creditworthiness.
Credit Impact
YES
Inability to repay can severely damage a consumer’s credit history, impairing their ability to access credit in the future.
NO
Consumer legal funding has no negative impact on a consumer’s creditworthiness.
Repayment Requirements
MANDATORY
Repayment is mandatory. Collateral is typically required from the consumer taking out the loan, and banks can go after their paycheck and house in the event of nonpayment.
CONTINGENT
Repayment is contingent. It is only required if the consumer’s case is successful. If their case fails, they do not have to repay. No collateral is required.
Courts and legal experts around the country have recognized these fundamental differences. From New York to Georgia, courts have affirmed that consumer legal funding is not a loan and is not subject to laws regulating loans.
This chart originally appears here:
https://www.americanlegalfin.com/alfaresources/consumer-legal-funding-is-not-a-loan-2/