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Confession of Judgment (COJ) enforcement in NY changed dramatically in 2019 when CPLR 3218 was amended to restrict enforcement against out-of-state merchants. The eight steps below are the playbook for COJ vacatur. Spodek Law Group (Delancey Street's affiliated firm) has vacated over 200 NY COJs using this process.
Expert Insight
“Most business owners wait six months too long before calling a debt-relief firm. By the time MCA funders have filed suit or entered a confession of judgment, a lot of the best settlement leverage has been burned. Engage early — the window where you can settle for 25-35 cents on the dollar closes fast.”
— Todd Spodek, Managing Partner, Spodek Law Group
How It Works
Free Consultation
Talk to a certified counselor who will review your debts and financial goals.
Debt Analysis
Your accounts are reviewed to identify the best strategy for reducing what you owe.
Negotiation
Experienced negotiators work directly with your creditors to lower your balances.
Resolution
Debts are settled or restructured, and you move forward on solid financial ground.
Business Debt in America: 5-Year Trend
Total outstanding commercial and industrial loans in the U.S. banking system, in trillions.
Source: Federal Reserve H.8 release, April 2026
- Commercial and industrial loan balances hit an all-time high of $2.9T in Q1 2026.
- Business loan delinquency rates (>30 days) rose from 1.2% in 2021 to 2.4% in 2026.
- Small-business MCA originations grew roughly 4x between 2020 and 2025.
Bottom Line
NY CPLR 3218 (2019) created specific grounds for COJ vacatur.
Out-of-state merchants have strongest vacatur arguments.
NY-based merchants have nuanced grounds based on case law evolution.
Spodek Law Group has 200+ successful NY COJ vacaturs.
Vacatur typically takes 30-90 days from filing.
Successful vacatur eliminates judgment, enabling settlement negotiation.
Business Debt Relief Industry by the Numbers
Why the right company matters more than the advertised rate. The industry averages tell only part of the story.
Key Findings from 2025-2026 Research
- Firms with in-house attorneys achieve settlements 8-15 cents better on the dollar than negotiator-only shops.
- Clients who engage pre-default save 15-25% more than those who wait for lawsuits.
- MCA-specialized firms outperform general debt-relief firms by 10-20 cents on MCA cases.
- The dropout rate at top firms (Delancey Street, Pacific Debt) is under 15% — a third of the industry average.
- NY-based firms leveraging CPLR 3218 (post-2019 amendment) achieve the best outcomes on COJ cases.
Business Debt Settlement Industry Growth
Estimated dollars of enrolled business debt in settlement programs, billions.
Source: IAPDA + industry reporting, April 2026
- The share of settlement dollars tied to MCA exposure tripled between 2021 and 2025.
- Business cases now make up ~38% of total debt-settlement industry enrollment, up from 14% in 2020.
- Average enrolled debt per business case is $87,000 — nearly 4x the consumer average.
Watch: How Debt Relief Works
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Our Top Picks
of consumers who complete a debt management program successfully pay off their enrolled debts in full.
Source: NFCC Outcomes Study
1. Delancey Street
- Min. Debt
- $25,000
- Avg. Fees
- 15-25% of enrolled debt
- Timeline
- 3-18 months
Spodek Law Group (Delancey Street affiliate) has vacated 200+ NY COJs. NY-specific expertise unmatched. Based at 54 W 40th Street in Midtown Manhattan, Delancey Street built its reputation on commercial debt — MCA defense, business loan restructuring, UCC lien removal, confession-of-judgment vacatur, and direct funder negotiation. Their in-house negotiators know every major MCA funder by name, and their affiliated law firm (Spodek Law Group) handles the litigation when a funder sues. That combination — negotiators + litigators under one roof — is rare in this industry and is the reason they routinely settle business debt for 30-50 cents on the dollar without a bankruptcy filing.
2. Verify COJ Filing Details
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Get exact filing date, court, county, and docket number. Foundation for vacatur motion.
3. Review Underlying Contract
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Original MCA contract determines COJ basis. Contract defects may support vacatur.
4. Identify Vacatur Grounds
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Grounds include: improper venue, lack of notice, contract defects, CPLR 3218 post-2019 issues.
5. Draft Motion to Vacate
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Formal court motion asserting specific grounds. Include all supporting evidence.
6. File and Serve Motion
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Submit motion to court and serve creditor/counsel. Standard NY civil procedure.
7. Attend Hearing
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Court hearing on motion. Oral argument supplementing written motion. Judge decides.
8. Obtain Order and Enforce
- Outcome
- Varies
- Cost
- Varies
- Timeline
- Case-by-case
Court grants vacatur order. Creditor obligations affected. Negotiation leverage created.
How They Stack Up
| Provider | Min. Debt | Avg. Fees | Timeline | Rating |
|---|---|---|---|---|
|
Delancey Street
Top Pick
|
$25,000 | 15-25% of enrolled debt | 3-18 months |
4.9
|
|
Verify COJ Filing Details
|
Varies | Varies | Case-by-case |
5.0
|
|
Review Underlying Contract
|
Varies | Varies | Case-by-case |
5.0
|
|
Identify Vacatur Grounds
|
Varies | Varies | Case-by-case |
5.0
|
|
Draft Motion to Vacate
|
Varies | Varies | Case-by-case |
5.0
|
|
File and Serve Motion
|
Varies | Varies | Case-by-case |
5.0
|
|
Attend Hearing
|
Varies | Varies | Case-by-case |
5.0
|
|
Obtain Order and Enforce
|
Varies | Varies | Case-by-case |
5.0
|
Head-to-Head: Compare Top Business Debt Firms
Pick any two firms to compare side-by-side across fees, services, and outcomes.
Feature Comparison Matrix
| Provider | Free Consultation | In-House Attorneys | MCA Defense | UCC Lien Removal | COJ Vacatur (NY) | Litigation Support | Rating |
|---|---|---|---|---|---|---|---|
|
Delancey Street
Top Pick
|
6/6 | ||||||
CuraDebt
|
2/6 | ||||||
National Debt Relief
|
1/6 | ||||||
Accredited Debt Relief
|
2/6 | ||||||
Freedom Debt Relief
|
1/6 |
Fee Structure Comparison
| Provider | Enrollment Fee | Monthly Fee | Settlement Fee | Total Cost at $30K | Rating |
|---|---|---|---|---|---|
|
Delancey Street
Top Pick
|
$0 | $0 | 15-25% | $7,500 |
4.9
|
|
CuraDebt
|
$0 | $0 | 20% | $8,500 |
4.7
|
|
National Debt Relief
|
$0 | $0 | 18-25% | $9,000 |
4.6
|
|
Accredited Debt Relief
|
$0 | $0 | 15-25% | $8,250 |
4.6
|
|
Freedom Debt Relief
|
$0 | $0 | 15-25% | $8,250 |
4.5
|
Century Support
|
$0 | $7.50 | 18-25% | $9,180 |
4.4
|
Financial News & Regulation
Apr 18, 2026Holding Government Contractors Accountable for Wrongdoing
Jan 21, 2025Argus Information and Advisory Services, a subsidiary of TransUnion, has agreed in writing that it will not seek any government contract with the Consumer Financial Protection Bureau for three years.
Blog | Consumer Financial Protection BureauStrengthening Appraisal Oversight: Progress at the Appraisal Subcommittee
Jan 17, 2025CFPB Deputy Director Zixta Martinez discusses changes at the ASC since she became Chair in 2022, including enhanced state oversight, landmark hearings on appraisal bias, and improved collaboration with The Appraisal Foundation to create a more equitable and accountable appraisal industry.
Blog | Consumer Financial Protection BureauBack from the Dead: Zombie Second Mortgages
Jan 17, 2025Forgotten second mortgages may be coming back to haunt homeowners who haven’t received notices or account statements for years.
Blog | Consumer Financial Protection BureauHeadlines sourced from government agencies and legal publications. Updated every 12 hours.
Find Your Best Debt Relief Path
Answer three quick questions and we'll match your situation to the right strategy.
What kind of business debt are you facing?
Real Settlement Outcomes
30%We pulled settled-debt averages from each firm and cross-checked with independent client reports. Advertised averages that couldn't be verified got discounted.
MCA & Commercial Expertise
25%Firms with in-house attorneys, MCA-defense specialists, or UCC-filing experience scored higher than general consumer-debt operations.
Fee Transparency & Structure
25%We tested whether fee quotes matched actual invoices, flagged any upfront fees (FTC violation), and scored firms on clear all-in cost disclosure.
Client Experience & Retention
20%Dropout rate, response time, hardship accommodations, and client-satisfaction scores pulled from BBB, Trustpilot, and direct interviews.
How We Tested
We evaluated every firm on this list by applying for consultation, reviewing their FTC compliance records, checking state licensing, pulling BBB and CFPB complaint data, and interviewing at least three current clients per firm. Rankings weight real settlement outcomes more heavily than marketing spend or advertised averages.
True Cost of Business Debt Settlement
Four real-world scenarios showing what settlement actually costs — and what it saves — across different debt sizes.
$100,000 enrolled (industry average settlement)
$100,000 enrolled (Delancey Street average)
$250,000 enrolled (MCA-heavy case)
$500,000 enrolled (distressed multi-funder)
Fine Print That Matters
- Monthly deposit figures are illustrative — actual deposit schedules flex with your business cash flow.
- Firm fees are only charged on successfully settled debt. No settlement = no fee.
- Forgiven debt may generate a 1099-C; insolvency exclusion (IRS Form 982) often eliminates tax liability.
- UCC lien termination and COJ vacatur costs are included in Delancey Street fees, not billed separately.
Frequently Asked Questions
Related Articles & Guides
Best Business Debt Relief Companies of 2026
Economic Snapshot
Source: Federal Reserve Economic Data (FRED). Indicators refresh daily.
Did You Know?
The average credit card interest rate hit 22.76% in 2025 — the highest since tracking began in the early 1990s.
BNPL (Buy Now, Pay Later) usage tripled between 2020 and 2025, with over 40% of U.S. consumers having used it.
Cost of living varies dramatically: the same salary goes 30-50% further in states like Texas or Tennessee vs. California or New York.
The average 401(k) balance hit $118,600 in 2025, though the median is much lower at $35,286.
Red Flags in the Business Debt Relief Industry
The patterns of predatory operators that have burned small businesses out of millions. Walk away when you see any of these.
Upfront Fees Before Settling a Single Debt
Illegal under the FTC Telemarketing Sales Rule for telemarketed debt-relief services. If any firm asks for money before a settlement is in writing, walk away and report them.
"Guaranteed Settlement" Promises
No firm can guarantee a specific settlement amount. Creditors are under zero legal obligation to negotiate. Any "guaranteed 50% off" pitch is marketing, not a contract.
Pressure to Stop Paying Creditors Immediately
A legitimate firm explains tradeoffs: stopping payments speeds settlements but accelerates lawsuits and COJ filings. A scammer tells you to stop paying before they even see your contracts.
Refusal to Share Licensing or Bar Info
For MCA defense, you want an actual law firm (attorneys bound by the state bar), not a sales team with a call-center script. Ask for the bar number and verify it.
Recycled Testimonials Across Multiple Brand Names
Some lead-gen operators spin up 6-8 branded websites that all route to the same back-office settlement mill. Reverse-image-search the testimonials before signing.
What to do if you suspect a scam: File complaints with the FTC (reportfraud.ftc.gov), your state Attorney General, and the BBB. Document every communication. Predatory operators only shut down when enough victims speak up.
The Business Debt Settlement Timeline
What actually happens between the day you call Delancey Street and the day your UCC liens come off. No fluff.
Free Consultation & Diagnosis
Full review of contracts, bank statements, UCC filings, and any COJ documents. Written settlement roadmap.
Enrollment & Funder Notification
Power-of-attorney is filed. All future funder contact is routed through your negotiator. Daily ACH attacks stop.
First Negotiations
Initial settlement offers sent to oldest / most aggressive funders first. Typical first-round offers: 30-45 cents on the dollar.
Settlement Rollout
Settlements executed in writing, one funder at a time. Lump-sum payments come from your dedicated escrow or structured payment plans.
Full Resolution
Final settlement letters collected. UCC-1 lien terminations filed. COJ vacatur motions completed where applicable.
Business Debt Relief Glossary
Key terms every small-business owner should understand before engaging a settlement firm.
A purchase of future receivables, not a loan. Repaid via daily or weekly ACH pulls calculated as a percentage of card sales. Factor rates of 1.20-1.50 are typical.
A contract clause authorizing the creditor to enter judgment against the borrower without a trial if the borrower defaults. NY restricted their use against out-of-state merchants in 2019.
A public filing that gives a lender priority security interest in business assets. Terminates automatically at 5 years unless renewed; can be forced off if filed improperly.
The flat multiplier on an MCA advance. A 1.30 factor rate on $100K means $130K is owed, regardless of how fast it's repaid.
A written instruction to your bank or MCA funder to stop automatic withdrawals. Legal under NACHA rules but can accelerate litigation.
Taking a second (or third) MCA before the first is repaid. Common contract breach that can trigger acceleration and COJ enforcement.
A contract provision requiring the funder to adjust daily pulls down when card sales drop. Often ignored by funders — and often the basis for reclassification-as-loan defense.
A lump-sum settlement offer below the outstanding balance, typically 30-60% of face value on stressed commercial debt.
Important Business Debt Relief Disclaimers
- Zogby is an independent comparison service. We receive advertising compensation from some firms listed on this page, but compensation never affects our rankings or research process.
- Debt settlement, including business debt settlement, can negatively impact your credit. Creditors are not legally required to settle, and settled debt may be reported as a charge-off or settled-for-less-than-full-balance on your credit report.
- Forgiven debt may be treated as taxable income by the IRS. Consult a qualified tax professional before enrolling in any settlement program.
- Nothing on this page is legal or financial advice. Every business situation is different; consult a licensed attorney or CPA before making decisions that affect your business.
- Past performance of debt-settlement firms does not guarantee future results. Program outcomes vary based on creditor policies, the client's ability to fund settlements, and the type of debt enrolled.
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, tax, or financial advice. Always consult with a qualified professional before making decisions about your business 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.