Practice areas
Commercial transactions and litigation, focused on factoring.
Our practice is deliberately narrow: commercial finance, with a large share of it devoted to factoring and to financing the transportation industry.
Jencks Law, P.C. represents factors, local and regional banks, asset-based lenders, equipment finance companies and other finance companies on a local, regional and national level. We handle the full life of a finance relationship: structuring and documenting it, advising on day-to-day operations, collecting when accounts go bad, litigating when they must, and protecting our clients’ positions in bankruptcy.
We also know our clients’ businesses. Much of our work is advising on how a factoring or lending operation actually runs: underwriting, verifications, notices of assignment, collections, reserves and chargebacks, and carrier onboarding.
Factoring & Commercial Finance
Factoring agreements, notices of assignment, guaranties and UCC filings; operational best practices; due diligence; large and advanced collections; participations, intercreditor and lien priority issues; mergers and acquisitions of finance companies.
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
Where secured transactions (UCC Article 9) and transportation law meet. Drafting, operational advice and litigation for factors, lenders and equipment financiers who fund motor carriers, freight brokers and logistics companies.
Transportation Law
Counsel for motor carriers, freight brokers, freight forwarders and logistics companies: broker-carrier and shipper agreements, FMCSA/USDOT authority and compliance, cargo claims, freight charge disputes, broker bond claims, double brokering and related litigation.
Equipment Finance
Origination of true leases and secured equipment loans, workouts and restructurings, enforcement and recovery of equipment, and related 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 finance disputes, fraud recovery, UCC priority fights, guaranty enforcement, judgment enforcement and multi-party federal cases, in state and federal courts.
Estate Planning
Wills, trusts and succession plans for individuals, families and business owners.
Out-of-state attorney with a case in South Dakota? See Local Counsel in South Dakota.
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.
