2026 Best MCA Defense Lawyers in Philadelphia, PA

Top MCA Defense Firms Serving Philadelphia - 2026

When your business is targeted by a merchant cash advance collector, having such a lawyer by your side is worth a king’s ransom. Why? Because Pennsylvania is one of just 9 states that still permits confession of judgment. Confession of judgment is a devastating weapon. It allows a funder to enter a judgment against the MCA borrower, without notice or a hearing. The time and expense of service of process and waiting for a hearing may be skipped altogether. A confessed judgment is just as enforceable as a judgment issued after a trial. The creditor then may use any of the judgment-enforcement devices available under Pennsylvania law. That means the creditor may freeze your bank account, levy your assets, and so on.

Petition to Open or Strike the Judgment

In Pennsylvania, you may challenge a judgment by confession by filing a petition to open or strike the judgment. But the rules are very, very strict. In petitioning the court to do so, you have to meet a very strict deadline. The deadline is 30 days. That deadline runs from the date you first received written notice of the entry of the confessed judgment. “Wait, what?! Only 30 days?” Yes. Only 30 days. If you miss the deadline, you have likely lost your opportunity to challenge the judgment. There are exceptions. But they are difficult to achieve.

Before you freak out and decide that you’ve lost your case, take a deep breath. You may be able to file a petition to open or strike the judgment if you can show “compelling reasons for the delay”. A void judgment may be attacked as void at any time.

If you’re asking whether filing a petition to open or strike the judgment will stop the collection, the answer is no. Filing the petition will not stop a judgment-creditor’s efforts to enforce its judgment. You must file a motion and obtain a court order in order for a collection of the judgment to stop.

All of Your Available Defenses

So why is it so important that you have an attorney who is familiar with confession of judgment, especially when representing a merchant cash advance borrower? The reason is that a court will give you only one bite at the apple. If you fail to state all of your available defenses in the petition, they are waived.

The very first issue any merchant cash advance defense lawyer should examine is the confession of judgment clause. If the confession of judgment clause did not conform to the applicable law, the confessed judgment may be stricken. When it comes to merchant cash advance contracts, courts closely scrutinize them for ambiguity. The confession of judgment clause must be conspicuous. If the confession of judgment clause was snuck in by a “gotcha” provision, a court may strike a confessed judgment. Next, did the borrower or merchant actually sign the confession of judgment? The next issue that the best attorney should be looking for are errors in the procedure that was used to file the confession of judgment. Did the creditor comply with the law of the jurisdiction in which the judgment was entered? Does the judgment reflect the right dollar amount? The best lawyer for any merchant cash advance defense will next look to see if the amount that the creditor is seeking is higher than the amount called for under the terms of the contract. The terms of the contract - and the individual states’ laws - determine how much you have to pay to the creditor.

What happens if the money was borrowed for personal purposes? If a court finds that the cash advance was for personal purposes, the judgment may be stricken. But in the case of Centric Bank v. Sciore, the court did not consider COVID-related difficulties as a valid excuse for repayment of business loans. The borrowers, who sought to have their business loans declared as consumer loans, were unsuccessful in their argument as the court recognized them as commercial loans. The wife’s claim that her signature was coerced was dismissed by the court. Courts do not tolerate sweeping statements without factual support. Your lawyer needs to have the facts to support your defenses. Your lawyer should be intimately familiar with merchant cash advance agreements, how to challenge a judgment by confession, and experience in petitioning a court to open or strike a confessed judgment. This is not the time for on-the-job training.

Appropriate Background

There are a variety of ways to determine whether the merchant cash advance lawyer you are considering has the appropriate background to defend your case. Research your lawyer’s background, and ensure that they are licensed and have a clean record. You can do this by searching the attorney’s name on the Pennsylvania Disciplinary Board’s website.

While it is not necessary to hire the merchant cash advance lawyer with the highest price tag, it is crucial that you get the fee in writing. Failing to get this in writing can lead to unnecessary disputes down the line. In Pennsylvania, lawyers are obligated to have a written fee basis or rate for new clients. That rule is set out in the Pennsylvania Rules of Professional Conduct.

Keep in mind that a confessed judgment can become a lien against your real property in the county where the judgment was entered. You may see it on your credit report. Settling a confessed judgment is possible in Pennsylvania. A satisfaction piece is a legal document that is generally required to be filed in the court docket in order to show that the debt has been resolved.

When you’re under the gun from a merchant cash advance funder, time is of the essence. The internet is full of so-called best and top attorneys. It is more productive to make sure that your lawyer is an experienced litigator, familiar with all aspects of confession of judgment law, and that your lawyer will be fighting for you - in writing.