First-time borrowers are the most vulnerable targets in the MCA industry. You did not know what a COJ was. You had never heard of a factor rate. The broker made it sound easy. The firms below specialize in defending people who were taken advantage of — and fighting the predatory funders and brokers who did it.

Delancey Street is not a law firm. They are a specialized MCA debt settlement company with a nationwide network of licensed attorneys. For first-time borrowers, the defense starts with the contract itself. Their attorneys tear it apart — is the MCA truly a purchase of receivables, or is it a disguised loan subject to usury laws? Did the funder ever reconcile payments based on actual revenue? They challenge COJs under CPLR §3218. And they settle the debt at 30–60%.
Here is something most people do not realize: first-time borrowers often have the strongest defenses. Why? Because predatory funders cut the most corners with the least experienced borrowers. Delancey Street knows exactly where to look.

National Debt Relief is better known for consumer debt, and they handle some business debt too. Not MCA-specific. If your first MCA caused you to fall behind on credit cards or vendor accounts, they can help with those. A+ BBB rating. But they will not fight the MCA itself.

CuraDebt handles business debt and tax resolution. Not MCA-specific. If your first MCA default created tax problems, CuraDebt addresses that side. IAPDA certified.
You are not the first person to make these mistakes. Not by a long shot. Understanding them is step one toward getting out.
Mistake 1: Not understanding factor rates. A 1.40 factor rate sounds like 40% interest. It is not. On a 6-month repayment, a 1.40 factor rate equals roughly 160% APR. On a 4-month repayment, it exceeds 240% APR. MCA funders use factor rates instead of APR specifically because the number looks smaller. You were not told the real cost.
Mistake 2: Not reading the confession of judgment. The COJ was buried in the contract — usually page 10, 12, or 15. It authorizes the funder to get a judgment against you without a lawsuit. You signed it because you were told it was “standard.” Nobody explained what it actually means. That is by design.
Mistake 3: Not understanding daily ACH payments. “Only $400 a day” sounds manageable. But $400/day is $8,800/month. On a business doing $25,000/month in revenue, that is 35% of gross revenue going to MCA payments. Add rent, payroll, and supplies — the math does not work.
Mistake 4: Trusting the broker. MCA brokers earn commissions of 5–15% of the advance amount. They are incentivized to get you the largest advance possible, not the best terms. Many brokers misrepresent terms, promise renewals at better rates, and downplay risks. They work for the funder, not for you.
You have rights. Real ones. Here are the defenses your attorney will use to fight back.
Usury Defense. If the MCA takes a fixed daily payment regardless of your actual revenue, courts may recharacterize it as a loan subject to state usury laws. Most states cap interest rates well below the 150–400% APR typical of MCAs. If the MCA is a loan, it is illegal.
Failure to Reconcile. Most MCA contracts require the funder to adjust payments based on actual receivables. If the funder takes $400/day regardless of whether your revenue dropped to $200/day, they breached the contract. This defense is powerful because most funders never reconcile.
COJ Challenges. If your business is outside New York, the COJ is voidable under the 2019 amendment to CPLR §3218. Even in-state COJs can be challenged for procedural defects — wrong amount, missing notarization, fraud in the inducement.
Unconscionability. When the terms are so one-sided that enforcement would be unjust, courts can void the contract entirely. A first-time borrower who was not shown the APR, was not explained the COJ, and was pressured to sign quickly has a strong unconscionability argument.
Three firms. Only one actually fights for first-time borrowers against predatory MCA terms.

Attorney-led defense. Usury arguments. COJ challenges. Settlement at 30–60%. Over $100M settled. No upfront fees. They know every predatory MCA tactic in the book — and every defense against it.

General debt settlement. Not MCA-specific. If credit cards and vendor debt are piling on alongside your MCA default, they handle that.

Business debt and tax resolution. Not MCA-specific. If the MCA default caused tax problems — missed payroll deposits, unfiled returns — CuraDebt handles that piece.

Delancey Street’s attorneys defend first-time borrowers every day. Usury defenses, COJ challenges, settlement at 30–60%. Free consultation. Call now.
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