Factoring · Transportation Finance · Commercial Litigation · Bankruptcy
Counsel for factors and lenders who know how freight moves.
Jencks Law, P.C. concentrates in commercial transactions and commercial litigation for factors, banks, asset-based lenders and equipment finance companies, with a particular focus on factoring and on financing motor carriers, freight brokers and logistics companies. We know the law, and we know how your business actually runs.
BEYOND THE LAW
We understand how your business runs day to day.
Factoring, freight brokerage, motor carrier operations and lending each run on their own paper, processes and risks. Good legal advice starts with knowing how those operations actually work: how a factor underwrites a new carrier, how a load gets verified, what a notice of assignment has to say and who has to receive it, how collections and chargebacks are handled, and how brokers onboard carriers. We advise on the paper of transportation and the operations behind it, not just the contract language.
- Underwriting and due diligence on new clients and account debtors
- Invoice pre-verification, post-verification and invoice auditing
- Notices of assignment and special notifications to debtors
- Collections, from standard procedures to advanced collections and workouts
- Reserves, chargebacks, over-advances and fuel advances
- Carrier onboarding, double-brokering schemes and other fraud
That operational knowledge is on the record. David has served as lead instructor of the IFA’s Successful Transportation Factoring Training Class (2005–2023), taught the IFA’s online Risk Management & Collections Systems for Transportation Factors class as sole instructor in 2022, and wrote the firm’s Transportation Factoring Operations Manual (2022), a working set of handouts on terminology, underwriting, onboarding, verification, collections, reserves and workouts.
PRACTICE AREAS
A focused practice in commercial finance.
Factoring & Commercial Finance
Documentation, operations, collections, intercreditor and lien priority issues for factors and commercial lenders.
Commercial Transactions
We help South Dakota businesses with the full range of commercial transactions, including entity formation, ownership and buy-sell agreements, acquisitions and sales, everyday contracts, and the financing documents behind them.
Transportation Finance
Secured transactions and transportation law, blended for factors, lenders and equipment financiers who fund motor carriers, brokers and logistics companies.
Transportation Law
For motor carriers, freight brokers and logistics companies: contracts, authority and compliance, cargo claims, payment disputes and litigation.
Equipment Finance
True leases and secured loans under UCC Articles 2A and 9, workouts, recovery and litigation.
Bankruptcy
We represent debtors and creditors in Chapters 7, 11, 12 and 13, and counsel lenders and factors in DIP financing and preference claims.
Commercial Litigation
Factoring and commercial finance disputes in state and federal courts, as plaintiff’s and defendant’s counsel.
Estate Planning
Wills, trusts and succession plans for individuals, families and business owners.
WHO WE WORK WITH
Factors · Banks · Asset-based lenders · Equipment finance companies · Motor carriers · Freight brokers · Freight forwarders · Third-party logistics providers
LOCAL COUNSEL
Appearing in South Dakota?
David regularly serves as local counsel alongside out-of-state attorneys admitted pro hac vice, and knows South Dakota’s state and federal local rules, practice and filing.
OUR FOUNDING PRINCIPLE
A Focused Practice and Focused Knowledge Providing You Personal Attention and Practical Solutions.
POSTS AND ARTICLES
Recent posts
- Underwriting One Broker Where There Were Two: C.H. Robinson, RXO and the Factor’s Credit Decision
Two comfortable broker credits are becoming one larger one that is taking on new debt and absorbing a second payables operation. That calls for a fresh credit decision. - Regulatory and Legislative Update: August/September 2026
English proficiency by rule, broker transparency at the White House, and Congress takes aim at chameleon carriers and staged crashes. - Do State Commercial Finance Disclosure Laws Reach Your Factoring Deals?
Eight states’ disclosure laws (one effective in 2027) cover accounts receivable purchases. Four more reach only sales-based financing.
ATTORNEY ADVERTISING. This website is an advertisement for legal services by Jencks Law, P.C. The attorney responsible for its content is David J. Jencks, 121 N Egan, PO Box 442, Madison, SD 57042.
The information on this website is general information, not legal advice, and may not reflect the most current law. Viewing this website, contacting the firm through it, or sending an email or calling does not create an attorney-client relationship. An attorney-client relationship is formed only by a written engagement agreement. Please do not send confidential or time-sensitive information until the firm has agreed in writing to represent you.
Prior results do not guarantee a similar outcome. Each matter depends on its own facts and law. David J. Jencks is admitted to practice in South Dakota and is not certified as a specialist by any state-approved certifying organization.
