Common problem

Sued by an MCA funder or facing a confession of judgment

A lawsuit or judgment changes the situation. Deadlines start running, and some decisions need a lawyer.

If you have been served with court papers, contact an attorney promptly. Missing a response deadline can result in a default judgment. Saldo Vita is not a law firm and does not provide legal advice.

Common MCA legal actions

  • Breach-of-contract lawsuits against the business, and often against the owner under a personal guarantee.
  • Confessions of judgment. Some MCA agreements included a signed document allowing the funder to obtain a judgment without a lawsuit. New York changed its law in August 2019 to limit filing confessions of judgment against people and businesses located outside New York. Older or out-of-state judgments may still exist.
  • Enforcement such as bank restraints, levies and customer notices after a judgment.

What to gather

  • The summons, complaint or judgment, including the court and case number
  • Your MCA agreement and any confession of judgment you signed
  • Your complete payment history

How negotiation and legal help fit together

Many MCA lawsuits still end in a negotiated settlement. Saldo Vita can handle negotiation while independent counsel, who represents only you, handles the court case. Where covered negotiation-related legal help is needed, counsel may be arranged under a separate retainer.

Questions

Can an MCA lawsuit be settled?

Often, yes. Lawsuits frequently resolve through negotiated agreements, but timing and terms vary. Keep responding to the court while negotiations happen.

Let’s review where your business stands.

Every situation is different. Creditor participation and specific outcomes are not guaranteed.