2026 Best MCA Defense Lawyers in Texas
Top MCA Defense Firms for Texas - 2026
When you get sued in a state like New York, and you are many states away, you are vulnerable. A good MCA lawyer knows that speed is often the key factor that determines the outcome of an MCA lawsuit. When you get sued, you are effectively “on the clock” because of the court rules and laws. Some lawsuits also can move fast, especially if you are sued in a certain state. A good MCA lawyer has a staff ready to get your response in quickly, before the judge orders a default judgment. The most important thing to do is prevent default.
A default judgment can be bad for you for many reasons. Default Judgments may include interest, which mean a bigger monetary judgment may be awarded. Most important, a default judgment can lead to seizure of business bank accounts. A New York judgment can be registered in your state as a foreign judgment and enforced against you. It becomes essentially just as enforceable as if you were sued locally in your home state. The judgment can then be executed to seize the business bank accounts in the State where your business operates. This can happen fast. Business stops.
Delancey Street
Here's what you need to know: Delancey Street is not a law firm. They coordinate with a nationwide network of licensed attorneys who do the actual fighting - COJ challenges, usury defenses, UCC lien disputes, funder negotiations. Their attorney network is built around New York’s dual usury framework - which governs the vast majority of MCA contracts regardless of whether your business operates in Houston, Dallas-Fort Worth, San Antonio, Austin, or El Paso. This is what they do.
Their attorneys don't just negotiate - they challenge. They file motions to vacate confessions of judgment, raise criminal usury defenses when effective APRs exceed 25% under NY law, dispute overbroad UCC-1 filings with the Texas Secretary of State, and use the NY Attorney General’s $1 billion Yellowstone Capital settlement as precedent in funder negotiations. Texas is one of their largest markets. Over $100M in commercial debt settled. No upfront fees. Results-based pricing.
National Debt Relief
Not an MCA defense specialist - and they'll tell you that straight up. National Debt Relief is the largest debt settlement company in the United States, with over $1 billion settled and 550,000+ clients served. They handle general unsecured business debts - credit cards, vendor accounts, lines of credit - but they don't challenge confessions of judgment, file usury defenses, or dispute UCC liens. If your Texas business debt is traditional unsecured debt and not MCA-specific, they're a proven option. If you're dealing with MCA funders, COJs, or frozen accounts - you need a firm with MCA-specific attorney involvement.
CuraDebt
Not an MCA defense specialist either. CuraDebt handles business debt and IRS/state tax resolution - they've been doing it for over 25 years. No COJ challenges. No usury defenses. No legal motions against MCA funders. If your Texas business also has federal tax obligations (Texas has no state income tax), CuraDebt can handle that side while a firm like Delancey Street handles the MCA fight.
State Laws
Texas House Bill 700, codified as Chapter 398 of the Finance Code, took effect September 1, 2025. This law regulates some companies that do merchant cash advances. A cash advance received in connection with a future transfer of a business’s receivables is subject to new regulations. A confession of judgment is a clause in an MCA contract in which the party receiving the advance agrees that the other side can win, and agrees to let the other side win a judgment by filing papers in court. An MCA contract containing this clause is void and unenforceable in Texas. New York passed similar law for out-of-state debtors. This is unsettled and new law, but it looks like this law may help some businesses like yours. Still, the chapter gives you no private right to sue a funder. State laws are just as important as court decisions. If your business is in Texas, it is essential to review the matter with an MCA lawyer who understands these rules.
Legal Defenses to Advance Funding Agreements
Your lawyer should know the legal defenses to advance funding agreements. There are often defenses in the language of the agreement itself. In some circumstances a lawyer may advise you a counterclaim is available. Understanding MCA litigation takes skill. Even a lawyer with general litigation experience may miss these issues. Was the merchant cash advance really a loan? If a transaction is a loan, it will be subject to New York laws that govern loans. Was the lender a proper party to the transaction, and do they have the right to enforce the agreement. If the MCA was purchased from another entity, the new owner must show the right to enforce. Was there any fraud in the inducement to sign a merchant cash advance agreement? Was the MCA contract within the statute of limitations? If the lawsuit is filed in the wrong state, that may be an issue. A good MCA lawyer will look for these important issues in your case. Your business needs a specific strategy tailored to your unique set of facts. You should not just assume your situation is hopeless, nor should you assume that you are getting good advice from a general attorney.
The goal of all this is not to “win” per say. It is to improve your position. Then comes a bit of negotiation and give and take. An MCA lawyer can explain the defenses available, which ones are realistic, which ones can be used as leverage for negotiation, and what each one will cost. But most businesses have choices. Your business may be able to negotiate a settlement and reach a lump-sum settlement, or negotiate an installment settlement. Even if a default judgment is entered, it may still be possible to negotiate a settlement. Cash advance stackers will need to coordinate settlements on multiple MCA agreements. An important part of representing clients on MCA debt is offering a realistic assessment of the case. This is what you’re paying for when hiring an attorney to defend you.
Interviewing an MCA Lawyer
Hiring the first lawyer who agrees to represent you can be a mistake. Go to the State Bar of Texas, “Find a Lawyer,” and search the attorney’s name. It also allows you to look up attorneys by area of practice, and find attorneys by city and county. The Texas Bar also shows sanctions, like suspensions; other grievances can stay confidential. When interviewing an MCA lawyer, you may ask about the overall process, any defenses available to dispute the transaction, and how quickly the matter can be resolved. Can they handle a New York lawsuit? Do they have the right staff to get your Answer in on time? What specific strategy will the lawyer use, and is this a realistic strategy? Does the lawyer or law firm specialize in defending merchant cash advance lawsuits, or do they have a broader commercial litigation practice?
You have to be careful to set out the scope of representation and the retainer you are paying, in writing. A fee agreement will help to avoid a later misunderstanding. If the lawyer is unwilling to show you the fee agreement in advance, ask yourself why. A good lawyer will explain the fee agreement in detail. Your business wants to be careful to understand what any payment arrangement will really cost.
In order to have the most productive first conversation with an MCA lawyer, you should have the following:
- The settlement demand letter, lawsuit documents, or other papers you have received.
- Copies of all documents related to the loan or cash advance (loan agreement, communications, etc.).
And make sure you mention whether you have been sued, and if so, the location, date, and case number. These documents can help an attorney assess the proper legal defenses and range of settlement that can be negotiated. You should preserve any email exchanges you had with the lender. Avoid making any changes that can make it look like you are trying to hide assets. Do not transfer anything from the business bank accounts into your personal account. MCA lenders can allege “fraudulent conveyance” when funds are moved out of accounts after a lawsuit is filed.
If you get sued on a merchant cash advance, do not ignore the situation. You also don’t want to wait too long, because default can be so destructive. Time is not your friend.
Delancey Street
The only firm on this list that does real MCA defense: COJ challenges, usury defenses, UCC lien disputes, and emergency motions to unfreeze bank accounts - all coordinated through a nationwide network of licensed attorneys. Delancey Street is not a law firm, but their attorney-coordinated model delivers the legal firepower of one combined with the settlement expertise of a dedicated debt resolution company. Texas is one of their largest state markets. Over $100M settled. No upfront fees. All 50 states.
National Debt Relief
Not an MCA defense specialist - and they'll tell you that straight up. National Debt Relief handles general unsecured business debt - credit cards, vendor accounts, lines of credit. No COJ challenges, no usury defenses, no legal motions. If your Texas business debt is primarily traditional unsecured debt (not MCAs), they're a proven option with massive scale.
CuraDebt
Not an MCA defense specialist either. CuraDebt handles business debt and IRS/state tax resolution - they've been doing it for over 25 years. No COJ challenges, no usury defenses. If your Texas business also has tax obligations, they can handle that side while a firm like Delancey Street handles the MCA fight.
Texas Business Owner - Your MCA Problem Ends Here.
We get it. COJ filed against you. Bank account frozen. Daily ACH debits destroying your cash flow. Delancey Street's attorney network fights MCA funders with usury defenses, COJ challenges, and settlement negotiation. Over $100M settled. This is what we do.
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Delancey Street is not a law firm. Delancey Street works with a nationwide network of attorneys and debt specialists who handle MCA defense, business debt settlement, and related services. Any attorney services referenced on this page are provided by independent, licensed attorneys within the Delancey Street network - not by Delancey Street directly.
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