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Merchant Cash Advance · Answered

Yes, A Cash Advance Company Can Sue You. Here Is What That Actually Means.

A lawsuit starts a clock, not a verdict.

Yes, they can sue — but the word and the thing are different sizes. Here's what an MCA lawsuit actually looks like, what your contract gave them, which defenses hold up, and the exact moves to make the week you're served.

See The Rankings
By SKA Law Group Updated September 2026 3 min read 4 firms reviewed
#1
Our Top Pick

Delancey Street

Delancey Street does business debt and nothing else. Settled over $100M, most of it MCA. You pay zero until a deal exists.

They can sue, and sometimes they do. But sued owners with counsel routinely pay less than scared owners without. The suit is the start of the negotiation, not the end of it.

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Yes, a Cash Advance Company Can Sue You: Here Is What That Actually Means

If your business defaults on a cash advance, the funder can sue the business for breach of contract and sue you for breach of the personal guaranty. A lawsuit is a civil action where a plaintiff seeks money. It starts with a complaint, and if the defendant answers on time, the case proceeds.

What does it mean when a merchant cash advance company says it will sue me?

A cash advance funder can sue you, confess judgment against you, or send your case to arbitration.

  • A lawsuit. The funder has you served with a summons and complaint. In New York, if you were personally served, you have twenty days to answer under CPLR 320(a), and Pennsylvania also gives you twenty days under Pa.R.C.P. 1026(a). The stages that follow are covered in what happens when an MCA files a lawsuit.
  • Confession of judgment. In New York, CPLR 3218 allows a funder to confess judgment against you without filing a lawsuit. However, as of August 30, 2019, a confessed judgment in New York can only be filed in the county where you resided. If your business doesn’t have a location in New York, the funder can’t confess judgment there. Pennsylvania still allows commercial confessed judgments. As of September 1, 2025, Texas prohibits a confessed judgment in a sales-based financing contract, and as of July 1, 2022, Virginia does too.
  • Arbitration. Some cash advance agreements have a clause that allows the funder to send the case to arbitration. If the arbitrator rules for the funder, a court can turn the award into a judgment. In June of 2026, the Attorney General sued Rapid Ruling, an arbitration service which heard approximately 3,000 arbitrations in its first three years, and in 97% of those arbitrations, the small business didn’t even appear.

Can a cash advance company sue me if my business isn’t located in New York?

Yes. Most cash advance contracts are governed by New York law and let the funder sue you in a New York court. Even if neither you nor the funder reside in New York, a lawsuit can be brought in any New York county the plaintiff chooses in accordance with New York’s venue statute, CPLR 503(a).

New York’s statutory safe harbor for New York choice of law clauses covers transactions of at least $250,000 under General Obligations Law 5-1401, and New York lets a non-resident plaintiff sue a non-resident defendant there on contracts of at least $1,000,000 under General Obligations Law 5-1402. For smaller transactions, New York courts will likely still enforce the choice of law and forum clauses, but may be open to your motion for dismissal for inconvenient forum, because CPLR 327(b) only bars that dismissal if the contract is for at least $1,000,000.

Once the funder gets a judgment from a New York court, it can enforce it anywhere in the United States in accordance with 28 U.S.C. 1738. If the funder sues a Pennsylvania business in Pennsylvania, the lawsuit can be brought in the county where your registered office or principal place of business is located, where you regularly conduct business, or where the transaction took place in accordance with Pa.R.C.P. 2179(a).

What can a funder do before it has a judgment?

Not as much as a demand letter would have you believe. They can’t, for example, issue a restraining notice to freeze your bank account without a judgment (see CPLR 5222). They can’t attach your assets without a court order and a showing such as hiding assets. However, they can put pressure on your customers by notifying them that, since you defaulted, as your secured party they can now collect from them directly under UCC 9-607. If you think a lawsuit is coming, see the 7 signs that your MCA funder is about to file suit and the window you may have to settle.

Why do so many MCA funder lawsuits result in settlements?

Both sides have risk, and the funder’s has increased dramatically in recent years. Under the three part test of LG Funding v. United Senior Properties of Olathe, if 1) there is no real reconciliation, 2) the “advance” has a finite term, and 3) the funder has recourse if you file for bankruptcy, the courts can consider it a loan. And, if it’s a loan, under the New York Court of Appeals’ 2021 decision in Adar Bays v. GeneSYS ID, if the loan is criminally usurious, over 25%, the loan is void ab initio. And, under GOL 5-521, the only usury defense a corporation can raise is criminal usury. In 2023, the 2nd Circuit Court of Appeals found that an MCA was a usurious loan in Fleetwood Services v. Richmond Capital Group. Finally, in January of 2025, the NY Attorney General announced the $1.065 billion judgment settlement with Yellowstone Capital that cancelled $534.5 million in debt.

Of course, you also have risk if a lawsuit is filed, especially if your contract provides for attorney’s fees. Also, if you put up a guaranty, your personal assets may be at risk if the funder obtains a judgment. Finally, under CPLR 321(a), a corporation cannot appear in court without a lawyer. Settlements after suit often have the funder hold a stipulated judgment in escrow, file it only if you miss payments, and file UCC-3’s to terminate its UCC-1’s once you’ve paid in full. If your funder is already suing you, see what you need to do when your MCA funder sues you.

Frequently Asked Questions

How long does the cash advance company have to sue me?

Under New York law, which most MCA contracts are governed by, the funder has 6 years to file suit under CPLR 213(2).

Can I go to jail if I don’t pay my MCA?

No, defaulting on an MCA is a civil matter, and contract debt cannot result in jail time.

Does the FDCPA apply to my business?

Generally, no. The FDCPA only applies to consumer debts, meaning debts from transactions “primarily for personal, family, or household purposes.” However, California passed SB 1286, which extends the protections of the Rosenthal Act to covered commercial credit of $500,000 or less, and it went into effect on July 1, 2025.

Didn’t New York ban confessions of judgment?

Sort of. Since 2019, a confession of judgment can only be filed in a New York county where the defendant resided. So, while your business may be protected if it’s not located in New York, if you’re in New York, you’re not. However, on May 13, 2026 the New York State Senate passed a bill to prohibit confessions of judgment on debts of less than $5,000,000, but it is not yet law.

The 2026 Rankings

So we looked at four firms that do this kind of work. Here's how they all stack up against each other, and what each one is realistically going to cost you.

2
Best for Asset-Heavy Restructuring

Second Wind Consultants

Second Wind doesn't negotiate. They reorganize. Different animal.

Their tool is the Article 9 sale. The law splits a good business off its killer debt. Legal and brutal both. Funders hate it, and that tells you plenty.

Fit runs narrow. Two advances, no assets, nothing to grip. They'll say so themselves.

Priced per deal. Numbers aren't published. Expect a talk, not a menu.

Strengths

  • Article 9 sales, the specialty
  • Not bankruptcy, if the business is sound
  • Long time in the game

Considerations

  • Overkill for a plain stack
  • No prices upfront
3
Longest Operating History

Corporate Turnaround

Corporate Turnaround opened in 1998. Older than the MCA industry. In a trade where firms vanish yearly, that run counts.

They do structured repayment plans. Good with vendor debt and trade debt both.

Slow by design. A daily debit killing you this month won't wait on a 12-month plan.

MCA runs thin here next to the specialists above. Wrong room for a stack.

Strengths

  • Around since 1998
  • Vendor and trade debt, solid

Considerations

  • Plans take months
  • MCA is the sideline
4
Budget Option

CuraDebt Business

CuraDebt leads consumer, takes business on the side. Know it going in.

Reason they're listed: cheapest way in. Small balance, the price can make sense.

One small advance, no suit filed, could be all you need.

Served on a confession, scroll to number one. Different problem, different tool.

Strengths

  • Takes small balances
  • Easy to reach, been around

Considerations

  • Business is the side gig
  • Thin on MCA specifics

Side-By-Side Comparison

Company Best For MCA Expertise Fee Model Attorney Involvement
Second Wind Consultants Asset-heavy restructuring Article 9 only Transaction-based Through deal counsel
Corporate Turnaround Vendor & trade debt Thin Program fees No
CuraDebt Business Smaller debt loads Very thin Percentage of enrolled debt No

Fees vary by case. Confirm terms before you sign anything.

Can They Sue: The Short Version

Sued or scared of it?

  • Yes, they can. Contracts allow suit. Most threaten more than file.
  • Suit starts clock. Answer deadline runs. Respond, don't freeze.
  • COJ skips trial. Confession means instant judgment. Check your paper.
  • PG names you. Guarantee pulls you in personally. Read it.
  • Defenses exist. Recharacterization, reconciliation, standing. Real.
  • Default loses. Ignoring suit forfeits all defenses. Never ignore.
  • Settle mid-suit. Most cases settle. Filing starts negotiation.
  • Lawyer answers. Sued means counsel. Deadlines don't wait.

Answer The Suit

Served to resolved.

Answer suit SEVERITY INCREASES → 1 SERVED Papers arrive DAY 1 Clock starts 2 ANSWER Answer filed WEEK 1-3 Defenses kept 3 DEFEND Case defended MONTHS Pressure builds 4 TALKS Talks held MONTHS Numbers move 5 DONE Resolved END Closed
Answer fast. Everything else can wait a day.
  • Stage 1: Served. Papers arrive. Clock starts.
  • Stage 2: Answered. Response filed. Defenses preserved.
  • Stage 3: Defended. Discovery, motions. Pressure builds.
  • Stage 4: Negotiated. Settlement talks. Numbers move.
  • Stage 5: Resolved. Dismissed or settled. Closed.

Claims Vs Requirements

Suit threats vs reality.

What they claimWhat it takesYour answer
Breach of contract Filing + service Answer with defenses
Confessed judgment Valid COJ on file Challenge validity
Personal liability Signed guarantee Attack scope
Full balance owed Accounting proof Demand reconciliation
Fraud allegations Evidence of intent Usually bluff
Seizure threats Court order first No order, no seizure

Every claim needs proof. Demand it.

Answer Vs Ignore

Same $70K suit.

Answer cost Answered + settled ~$30-45K total Late answer ~$55-70K Ignored, default $70K+ fees $0 $40K $80K $120K $160K
Ballpark. Ignoring costs the most.

Served? Do This

Five moves this week.

  1. 1
    Calendar the deadline.

    Answer due in weeks. Miss nothing.

  2. 2
    Pull the contract.

    COJ, PG, forum. Know exposure.

  3. 3
    Hire counsel.

    Sued means lawyer. Now.

  4. 4
    Freeze nothing rashly.

    Moving money looks bad. Ask first.

  5. 5
    Open settlement talks.

    Suits settle. Start early.

What We Keep Seeing

MCA suit files, the patterns.

  • Threats outnumber filings. Ten threats per suit. Paper proves.
  • Answers change numbers. Filed defense cuts demands fast.
  • Defaults destroy. Ignored suits become judgments. Always.
  • Suits settle. Most cases close by deal. Ours do.

How Business Debt Settlement Works

01

Case Review

Someone reads the file before quoting anything. Contracts, statements, UCC filings. Built from documents, not your memory of signing.

02

Stop The Debits

Reconciliation goes in first, in writing, done right. The daily debit is killing the business, so it gets handled first.

03

Negotiate

Each position worked alone. Weak leverage on their end means low numbers on yours.

04

Paper It

Docs signed, liens killed, judgments handled. File the UCC-3. A deal without paperwork is a discount with a clock on it.

Don't Sit On This.

File review costs nothing. Nobody gets paid until a settlement exists. One call and you know where you stand.

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