2026 Best MCA Defense Lawyers in Miami, FL

Top MCA Defense Firms for Miami Businesses - 2026

Checking a lawyer on The Florida Bar’s online “Find a Lawyer” directory shows whether they’re “Member in Good Standing”, their attorney number, and the year they were admitted. The profile also includes a 10-year disciplinary history.

Both New York and Florida State Laws

As a Miami merchant, you need an MCA defense attorney who has experience navigating both New York and Florida state laws. Many merchant cash advance (MCA) companies include New York forum-selection and choice-of-law clauses in their contracts, which means they may seek legal recourse in New York even if you operate primarily in Florida. However, it’s important to understand that even after the initial lawsuit, the funder may not stop there. In some cases, funders bring the New York judgment to Florida through a process called “domestication.” This means that they seek to enforce the judgment within Florida jurisdiction, which could lead to freezing your Florida bank accounts and accessing your Miami assets.

Defending against an MCA lawsuit requires immediate action. Typically, New York summons gives you only 20 to 30 days to respond, depending on the method of service used by the funder. If you fail to answer the summons within this time frame, the funder can obtain a default judgment, which often results in paying back the entire purchased amount plus various fees. Don’t hesitate - consult with an experienced MCA defense lawyer as soon as possible. In some cases, it is possible to have a default judgment vacated, even after the initial lawsuit, if you can demonstrate a reasonable excuse for not responding to the summons and present a potentially meritorious defense. However, this process can be far more expensive and uncertain than responding to the summons within the allotted time frame.

If a New York judgment is recorded in Florida, you have 30 days to file an action challenging it and record a lis pendens, which stays enforcement of the judgment. This is a critical window of opportunity to contest the validity or enforcement of the New York judgment within Florida state courts.

Credible Defenses

MCA contracts are typically structured as the purchase of future receivables, not loans. New York courts scrutinize whether this structure is legitimate or merely a disguised loan. The credibility of an MCA contract depends on the reconciliation clause, finite term, and recourse if the merchant files for bankruptcy. If the MCA contract includes a reconciliation clause that allows you to adjust your payments based on your revenue, it is essential for you to keep detailed records of all reconciliation requests made to the funder. If the funder ignored or denied a documented request for reconciliation, this may be considered a material breach of the contract by the funder, which could potentially weaken their right to enforce the default provisions of the contract.

In some cases, if the court treats the advance as a loan, Florida’s usury law can provide assistance. In Florida, any interest over 18 percent a year on loans of $500,000 or less is considered usurious. Furthermore, if a creditor willfully charges over 25 percent interest on a loan, they cannot enforce it in Florida courts.

Confessions of judgment are often included in contracts as a quick enforcement tool for creditors, allowing them to obtain a judgment against the debtor without having to file a lawsuit. Florida law, however, invalidates any power of attorney to confess judgment signed before a lawsuit, rendering them unenforceable no matter where they were signed. Additionally, as of August 30, 2019, New York prohibits filing confession of judgment against out-of-state debtors, providing further protection to Florida merchants dealing with MCA lawsuits from out-of-state creditors.

Florida’s Commercial Financing Disclosure Law, which went into effect on January 1, 2024, provides some protection to merchants by requiring cost disclosures on MCAs of $500,000 or less. However, this law is only enforceable by the Attorney General, and there is no private right to sue if a funder fails to comply. Additionally, a violation of this law does not void the MCA contract, meaning you may still be liable for payment even if the funder does not provide the required disclosures. Therefore, while this law is a step in the right direction, it should not be relied upon as the primary means of defense in MCA lawsuits.

Most cases never go to trial but instead settle in negotiated workouts. Credible defenses give your lawyer leverage in negotiations, leading to favorable outcomes such as lower lump-sum payoffs (typically 40 to 70 percent of the balance due) or structured payoffs, which reduce the financial burden on the merchant while avoiding the negative consequences of default.

Hiring an MCA Defense Lawyer

When considering hiring an MCA defense lawyer in Miami, it is important to understand the costs involved. The Florida Bar notes that lawyers commonly charge either flat fees, hourly fees, or contingent fees. It is essential to discuss and clarify these fee structures with your potential attorney before signing any agreement. The Florida Bar also offers a free Fee Arbitration Program, which can help settle fee disputes without the need for court intervention. Knowing your financial obligations upfront can help you make a more informed decision when choosing a lawyer to defend your MCA case.

You can also consult the Florida Bar’s Lawyer Referral Service at 800-342-8011. This service connects you with attorneys who charge no more than $25 for the first half-hour consultation. This can be a helpful starting point to gather information and assess potential legal representation.

If you’ve received notice of an MCA lawsuit or judgement, the first step is to locate all relevant MCA contracts, guaranties, and ACH authorizations. These documents can provide key information about your obligations and rights under the MCA agreement. Make sure to gather the past 90 days of bank statements as well, as these can be crucial evidence in court. It’s also essential to keep every communication with the funder, including emails and text messages, as they may contain important details about the terms of the MCA or any attempts to renegotiate the agreement. Before closing the account or signing anything new, make sure to seek legal advice to ensure you’re making the best decision for your business.

The deciding factor when choosing an MCA defense lawyer is timing. Hiring a lawyer before a default judgment has been issued grants access to every available option for defending against an MCA lawsuit. However, if enforcement action has already begun, there may be fewer and potentially more expensive tools at your disposal.