George Simons | January 28, 2025
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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.
Edited by Hannah Locklear
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.
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Settle with SoloSettlePurchased 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.
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.
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.
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.
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:
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.
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.
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:
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:
Now, let's break down each of these steps to give you the best chance of winning your case.
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.
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:
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.
SoloSuit can help you file an Answer in all 50 states.
To learn more about these three steps, check out the video below.
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Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.