David J. Jencks

David J. Jencks, Esq., represents banks, factors, asset-based lenders, and finance companies in commercial transactions and commercial litigation. His practice spans state and federal courts nationwide, with a particular focus on factoring, asset-based finance, transportation-industry transactions, and disputes involving complex commercial relationships, assignments, guarantees, and payment obligations.

Mr. David earned a Bachelor of Arts degree from the University of South Dakota and a Juris Doctorate from Hamline University. His academic training supports his focused work in commercial finance, transportation factoring, and litigation, giving him a strong foundation for advising lenders, factors, brokers, and finance companies.  His practice includes trying lawsuits involving fraud, breach of contract, tortious interference, payment over statutory notice, detrimental reliance, conversion, and conspiracy related to factoring-based transactions. He also documents and negotiates factoring transactions, with particular emphasis on transportation finance, helping clients structure agreements that support receivables financing and business continuity.

Mr. David has more than 20 years of experience blending transportation law with commercial finance. He is a member of the Transportation Lawyers Association and Delta Nu Alpha, a fraternity of transportation professionals. These affiliations reflect his commitment to understanding legal and business issues affecting lenders, factors, and transportation clients. His career includes serving as one of the few preferred attorneys for the International Factoring Association, the world’s largest trade association for commercial factors. He has presented at more than 30 training classes, conferences, webinars, and industry meetings, helping professionals understand factoring law, documentation issues, risk management, and litigation trends.

David J. Jencks represents more than 50 factors in ongoing transactional, documentation, and operational matters. His litigation experience includes defending a factor against fraud and conspiracy claims, obtaining summary judgment against multiple guarantors in a $1 million recovery, and securing a $600,000 verdict involving payment-over-assignment and breach-of-contract claims. Through more than 200 factoring litigation matters, he has assisted clients as both plaintiff and defense counsel. His work helps lenders, factors, and finance companies protect contractual rights, recover funds, reduce transactional risk, and resolve disputes efficiently. Clients benefit from his focused knowledge of factoring, transportation, commercial finance, and advocacy.

Law Office Affiliations

• Partner, Jencks Law, P.C.
• Member, State Bar of South Dakota
• Member, Delta Nu Alpha
• Member, Transportation Lawyers Association

Licensed State

• South Dakota

Education

• Hamline University
  Juris Doctor (JD)
• University of South Dakota
  Bachelor of Arts

Awards & Badges