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Bottom Line
MCA defense attorneys can do things settlement companies cannot: vacate confessions of judgment, challenge UCC lien filings, argue that an MCA is actually a usurious loan in disguise, and get emergency court orders to unfreeze your bank account within 24-48 hours.
Five states — New York, California, Connecticut, Virginia, and Utah — have passed laws specifically restricting MCA practices. If your business operates in one of these states, an attorney familiar with those statutes has more legal ammunition to work with.
The difference between an MCA settlement firm and an MCA defense attorney is the difference between asking nicely and having subpoena power. When a funder knows the other side can drag them into discovery and expose their lending practices, settlement numbers drop 20-40%.
Confession of judgment (COJ) clauses are the most dangerous weapon in an MCA contract. New York banned their use in most lending contexts in 2019, but many legacy contracts and out-of-state filings still rely on them. A good attorney can vacate these.
Expect legal fees of $5,000-$25,000 for MCA defense depending on complexity. That sounds expensive until you calculate it against a $200,000 MCA balance with a 1.45 factor rate — the right attorney saves multiples of their fee.
Merchant cash advance defense is a different animal from regular debt relief. MCA contracts are structured as purchase agreements, not loans, which means standard consumer protection laws often don't apply. The funder can file a UCC lien on your receivables, enforce a confession of judgment in a New York court even if you're in Texas, and start daily ACH debits from your bank account — all without a trial. Fighting back requires attorneys who understand commercial finance law, UCC Article 9, and the specific pressure points of MCA funders. We evaluated 30+ law firms that handle MCA disputes and identified the seven that have the courtroom experience, the funder relationships, and the legal strategy to actually win these cases.
Raiser, Kenniff & Lonstein
4.9/5 Best for Business Debt SettlementOur top-rated pick for reliability, customer service, and proven results.
Our Top Picks for MCA Defense Lawyers
1. Raiser, Kenniff & Lonstein
Show Pros & Cons
Pros
- Former prosecutors bring litigation credibility that changes funder behavior at the negotiation table
- 24/7 emergency response for bank account freezes, COJ filings, and UCC lien enforcement actions
- Handles all major MCA contract types plus personal guarantee defense in a single engagement
- AV Preeminent rated with Martindale-Hubbell Platinum recognition and nationwide case coverage
Cons
- Primary offices in New York — out-of-state clients work remotely for most of the engagement
- Higher fee structure than non-attorney MCA settlement companies (you get what you pay for)
Steven Raiser and Thomas Kenniff are former New York prosecutors who now run what is arguably the strongest MCA defense practice in the country. That prosecutorial background changes the dynamic of every negotiation — MCA funders and their counsel know they are across the table from trial lawyers, not desk negotiators. RKL handles the full range of MCA defense: challenging confession of judgment filings, vacating UCC liens under Article 9, arguing that MCA contracts with fixed payment schedules are actually disguised loans subject to state usury caps, and filing emergency motions to unfreeze business bank accounts (typically resolved within 24-48 hours). From four New York offices (Manhattan, Garden City, Kingston, Ellenville) they serve clients nationwide, including cross-border cases where funders file COJs in New York against out-of-state businesses. They also defend personal guarantees, which matters because most MCA agreements require the business owner to personally guarantee repayment.
2. Delancey Street
- Min. Case Size
- $20,000+
- Practice Areas
- MCA Defense/UCC Liens/COJ Vacatur/Daily Debit Blocking
- Fee Structure
- 15-25% of enrolled debt
3. Tayne Law Group
- Min. Case Size
- $10,000+
- Practice Areas
- MCA/Credit Card/Medical/Business Debt
- Fee Structure
- Flat fee + performance fee hybrid
4. Spodek Law Group
- Min. Case Size
- $25,000+
- Practice Areas
- MCA Defense/Commercial Litigation/COJ Defense
- Fee Structure
- Consultation-based
5. Luftman, Heck & Associates
- Min. Case Size
- $15,000+
- Practice Areas
- MCA/SBA Loans/Creditor Lawsuits/FDCPA Defense
- Fee Structure
- Hourly + contingency hybrid
6. McCarthy Law PLC
- Min. Case Size
- $10,000+
- Practice Areas
- MCA/Credit Card/Business/Student Debt
- Fee Structure
- Flat fee per account
7. Kazerouni Law Group
- Min. Case Size
- $0 (contingency)
- Practice Areas
- FDCPA/TCPA/Debt Harassment/MCA Collection Abuse
- Fee Structure
- 100% contingency (no cost to client)
I was drowning in credit card debt and didn't know where to turn. The debt relief program helped me cut my balances almost in half.
MCA Defense: When You Need a Lawyer vs. a Settlement Company
Not every MCA problem requires a lawyer. If you have a single MCA with a cooperative funder who is willing to negotiate a reduced payoff, a settlement company can handle it for less money. But there are clear situations where only an attorney will do: a confession of judgment has been filed against you, your bank account has been frozen, the funder filed a UCC lien on your business assets, you have stacked MCAs from multiple funders pulling daily debits, or the collection practices have crossed into illegal territory with threats and harassment.
The key distinction is legal authority. A settlement company can call and negotiate. An attorney can file motions, challenge contracts in court, subpoena financial records, argue that an MCA is actually a usurious loan, and countersue for collection violations. When an MCA funder knows they are dealing with an attorney who can drag them into discovery and expose their lending practices to judicial scrutiny, settlement offers get dramatically better. For MCA balances over $50,000, the attorney's fee typically pays for itself in the improved settlement terms alone.
Four factors to evaluate when choosing an MCA defense attorney:
- MCA-specific experience: Ask how many MCA cases the firm has handled in the past 12 months. General debt lawyers often don't understand the difference between a true purchase agreement and a disguised loan, which is the foundation of most MCA legal defenses.
- Courtroom capability: Can they actually try a case, or do they only negotiate? The credible threat of litigation is what creates leverage. Ask about recent courtroom appearances in MCA disputes.
- Funder relationships: Experienced MCA defense attorneys know each funder's settlement patterns, their appetite for litigation, and their internal decision-makers. This intelligence shortens timelines and improves outcomes.
- Fee alignment: Performance-based or contingency fee structures align the attorney's incentive with yours. Pure hourly billing can run up costs without guaranteed results.
Emergency MCA Tip
If an MCA funder has frozen your bank account via a confession of judgment, you typically have 48-72 hours to act before the funds are released to the funder. Call an attorney immediately — not tomorrow, not next week. Firms like Raiser, Kenniff & Lonstein and Spodek Law Group offer 24/7 emergency response for exactly this situation. A judge can issue an order to show cause that temporarily lifts the freeze while the case is heard. Every hour you wait reduces your chances of recovering those funds.
The typical MCA borrower pays $1,500 in fees for every $1,000 borrowed — making MCA debt restructuring essential.
Source: Federal Reserve Bank of ClevelandProvider Ratings
How They Stack Up
| Provider | Min. Case Size | Practice Areas | Fee Structure | Rating |
|---|---|---|---|---|
|
Raiser, Kenniff & Lonstein
Top Pick
|
$10,000+ | MCA/Term Loans/Lines of Credit/Equipment/SBA | Flat fee + performance fee |
4.9
|
|
Delancey Street
|
$20,000+ | MCA Defense/UCC Liens/COJ Vacatur/Daily Debit Blocking | 15-25% of enrolled debt |
4.9
|
|
Tayne Law Group
|
$10,000+ | MCA/Credit Card/Medical/Business Debt | Flat fee + performance fee hybrid |
4.8
|
|
Spodek Law Group
|
$25,000+ | MCA Defense/Commercial Litigation/COJ Defense | Consultation-based |
4.7
|
|
Luftman, Heck & Associates
|
$15,000+ | MCA/SBA Loans/Creditor Lawsuits/FDCPA Defense | Hourly + contingency hybrid |
4.6
|
|
McCarthy Law PLC
|
$10,000+ | MCA/Credit Card/Business/Student Debt | Flat fee per account |
4.5
|
|
Kazerouni Law Group
|
$0 (contingency) | FDCPA/TCPA/Debt Harassment/MCA Collection Abuse | 100% contingency (no cost to client) |
4.4
|
MCA Defense Expertise
30%We scored each firm on the number of MCA cases handled, familiarity with specific funders, experience with COJ vacatur and UCC lien challenges, and understanding of the loan-vs-purchase-agreement distinction that drives most MCA legal strategy.
Case Outcomes & Settlement Record
25%We analyzed settlement percentages achieved, courtroom win rates in contested cases, average time to resolution, and the firm's track record with emergency motions to unfreeze bank accounts and vacate judgments.
Client Experience & Communication
25%Do you work directly with an attorney or get handed to a paralegal? We evaluated intake speed, communication frequency during active cases, emergency availability, and what clients say about the experience on review platforms.
Fee Transparency & Value
20%We compared fee structures (flat, hourly, percentage, contingency), evaluated whether the fee model aligns attorney incentives with client outcomes, checked for hidden costs, and assessed whether free consultations are substantive or just sales pitches.
How We Tested
We evaluated 30+ law firms specializing in MCA defense over 120+ hours of research. We reviewed case outcomes, checked state bar disciplinary records for every attorney named, analyzed client feedback across Google, Avvo, and legal review platforms, interviewed former clients where possible, and requested detailed fee structures from each firm. Firms that refused to disclose fees, had unresolved bar complaints, or lacked verifiable MCA case experience were excluded.
Economic Snapshot
Source: Federal Reserve Economic Data (FRED). Indicators refresh daily.
David Park
JD, Senior Legal Analyst
David Park is a licensed attorney and senior legal analyst at Zogby with over 10 years of experience covering commercial litigation, MCA defense, and business debt law. He holds a J.D. from Georgetown University Law Center and previously practiced commercial finance law at a mid-size New York firm. David has reviewed over 200 MCA contracts and interviewed dozens of defense attorneys for this guide.
Frequently Asked Questions
Q: What is MCA defense and when do I need an attorney?
More Questions
Q: What states have the strongest MCA borrower protections?
Q: What happens if I just stop paying my MCA?
Q: How long does MCA defense typically take?
Related Articles & Guides
Authoritative Resources on Debt Relief
We consulted these government and regulatory resources while researching debt relief options.
FTC — Settling Credit Card Debt
Federal Trade CommissionOfficial FTC guidance on debt settlement practices and consumer protections.
CFPB — Debt Collection & Relief
Consumer Financial Protection BureauKnow your rights when dealing with debt collectors under the FDCPA.
U.S. Courts — Bankruptcy Basics
United States CourtsOfficial guide to Chapter 7, 11, and 13 bankruptcy as debt relief alternatives.
IRS — Tax Debt Relief
Internal Revenue ServiceIRS installment agreements and offers in compromise for tax debt resolution.
FTC — Coping with Debt
Federal Trade CommissionGovernment guide on managing debt and finding legitimate debt relief help.
NFCC — Financial Counseling
National Foundation for Credit CounselingNonprofit credit counseling agency locator and financial wellness resources.
Did You Know?
Nonprofit credit counseling agencies are required to provide free initial consultations under NFCC accreditation standards.
MCA (merchant cash advance) debt has exploded — the industry grew from $10B to over $25B between 2020 and 2025.
Nearly 1 in 3 American adults has debt in collections, according to the Urban Institute.
The statute of limitations on debt varies by state — from 3 years (e.g., Delaware) to 15 years (e.g., Kentucky, Ohio).
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Important MCA Defense Legal Disclaimers
- This page is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney licensed in your state before taking any legal action regarding MCA debt.
- Results vary by case. Past performance does not guarantee future results. Every MCA dispute is unique and outcomes depend on specific contract terms, funder behavior, the jurisdiction, and applicable state law.
- Attorney fees vary by firm, case complexity, and geographic location. Always obtain a written fee agreement before engaging any law firm. Ask about all potential costs including court filing fees, expert witness fees, and travel expenses.
- Challenging an MCA agreement may trigger additional collection actions by the funder, including accelerated payment demands, UCC lien foreclosure, confession of judgment enforcement, or lawsuits in multiple jurisdictions.
- Not all MCA agreements can be successfully challenged. Some contracts may be legally enforceable even if the terms seem unfavorable. An attorney can assess your specific contract and advise on the likelihood of success.
- Zogby does not provide legal services or legal advice. We are an independent comparison service that connects business owners with MCA defense attorneys. We may receive referral compensation from featured firms, which does not affect our rankings or editorial content.
The information provided on this page is for general informational and educational purposes only. It is not intended as, and should not be construed as, legal advice. Always consult with a qualified attorney licensed in your state before making any legal decisions regarding merchant cash advance debt.
Editorial Independence
We make money from some companies on this page. That doesn't change our rankings -- the editorial team scores every product independently, and the business side has no say in what we recommend.