Texas business owners have a unique set of advantages in MCA defense. No COJs. DTPA treble damages. Some of the strongest personal asset protections in the nation. Here is who we recommend.

Important: Delancey Street is not a law firm. They are a specialized MCA debt settlement company that works with a nationwide network of licensed attorneys — including Texas-barred attorneys who understand the DTPA, Texas property exemptions, and the procedural advantages Texas gives MCA defendants. Their attorney network fights MCA funders on every available front: deceptive practices, unconscionability, failure to reconcile, and jurisdictional challenges.
Here is what happens when a Texas business owner calls Delancey Street. Their attorneys immediately assess whether the funder engaged in deceptive practices that trigger DTPA liability — misrepresenting the cost of financing, hiding fees, failing to disclose material terms. If the funder knowingly deceived you, the DTPA allows treble damages — three times your actual losses. That flips the script entirely. The funder is not just facing a debt defense — they are facing a counterclaim that could cost them three times what they are trying to collect. MCA funders settle Texas cases fast. Typically at 30–60% of the balance.

Important: National Debt Relief is better known for consumer debt settlement but does handle some business debt. They are not a law firm and do not file DTPA claims or handle MCA-specific litigation in Texas courts. Where they fit: if you have general unsecured business debt alongside your MCA, National Debt Relief can address those balances. Over $100M resolved. A+ BBB rating.

Important: CuraDebt is not a law firm and does not handle MCA-specific litigation or Texas DTPA claims. They specialize in business debt settlement and IRS/state tax resolution. If you have Texas Comptroller or IRS tax issues alongside your MCA default, CuraDebt can address the tax side. IAPDA certified with 25+ years of experience. Not MCA-specific.
Texas business owners have a unique combination of protections. Here is what makes the Lone Star State one of the best places to fight an MCA funder.
Texas Abolished Confessions of Judgment. Under Tex. Civ. Prac. & Rem. Code §30.001, cognovit notes and confessions of judgment are prohibited in Texas. An MCA funder cannot walk into a Texas courthouse and obtain a judgment without filing a lawsuit. They cannot do it in New York either — under the 2019 amendment to CPLR §3218, New York courts cannot enforce COJs against out-of-state defendants. Your Texas business is protected on both ends.
Texas DTPA — Treble Damages (Tex. Bus. & Com. Code §17.41–17.63). The Texas Deceptive Trade Practices Act is one of the most powerful consumer and business protection statutes in the nation. If your MCA funder engaged in false, misleading, or deceptive acts — misrepresenting the factor rate, hiding origination fees, using bait-and-switch tactics on terms — you may have a DTPA claim. For knowing or intentional violations, the DTPA allows treble damages. Three times your actual losses. Plus attorney’s fees. That is a counterclaim that makes MCA funders nervous.
No Commercial Usury Cap (Tex. Fin. Code §306.001). Here is the downside: Texas does not impose a usury cap on commercial transactions. Under Tex. Fin. Code §306.001, parties to a commercial loan may agree to any rate of interest. This means the usury defense that works in Florida or California is not available in Texas for commercial MCA agreements. But the DTPA and unconscionability arguments fill that gap — and in many cases, they are even more powerful because of treble damages.
Texas Personal Property Protections. Texas gives you some of the strongest personal asset protections in the nation. Under Tex. Prop. Code §41.001–41.002, your homestead is protected with unlimited value (up to 10 urban acres or 100 rural acres). Under §42.001–42.002, you can protect up to $100,000 in personal property ($200,000 for families). Retirement accounts are fully exempt. An MCA funder with a judgment against you personally in Texas will have a very hard time collecting.
The Texas Attorney General’s office enforces the DTPA and has broad authority to investigate and prosecute businesses engaging in deceptive trade practices in Texas — including out-of-state MCA funders.
The AG can seek temporary restraining orders, permanent injunctions, civil penalties up to $10,000 per violation, and restitution. Filing a complaint with the Texas AG is a strategic move — it creates regulatory pressure that supplements your legal defense.
Texas courts have also shown increasing willingness to scrutinize MCA agreements for unconscionability. Under Texas common law, a contract can be voided if it is so one-sided that it “shocks the conscience” — and many MCA agreements with 200%+ effective APRs meet that standard, even without a statutory usury cap.
1. Call an MCA defense attorney immediately. Call (212) 210-1851 to speak with Delancey Street. They work with Texas-barred attorneys who know the DTPA, Texas property exemptions, and MCA defense strategy. Do not wait.
2. Open a new bank account at a different institution. MCA funders will attempt ACH sweeps. Move your banking to a new institution immediately. Redirect incoming revenue. Protect your cash flow.
3. Document any deceptive practices by the funder. Did the funder misrepresent the cost? Hide fees? Promise terms that changed after you signed? Document everything. These facts form the basis of a DTPA counterclaim — and treble damages change the negotiation entirely.
4. Know your asset protections. Your Texas home is protected. Your retirement accounts are protected. Your personal property is protected up to $100,000 ($200,000 for families). Funder threats about “taking everything” are empty in Texas.
5. Do not communicate with the funder directly. Let your attorney handle all communications. Period.
Here are the three top-rated firms for fighting MCA default in Texas. Only one — Delancey Street — provides attorney-coordinated Texas-specific MCA defense with DTPA claims and personal asset protection strategy.

The only firm on this list that provides Texas-specific MCA defense — DTPA treble damage claims, COJ invalidity, unconscionability arguments, and MCA settlement at 30–60%. Not a law firm, but their Texas attorney network delivers expert defense. Over $100M settled. No upfront fees.

Not an MCA-specific defense firm. Handles general unsecured business debt. No DTPA claims, no Texas court filings. Solid for traditional unsecured debt alongside your MCA issues.

Not an MCA defense specialist. Handles business debt and IRS/state tax resolution. If you have TX Comptroller or IRS issues alongside your MCA default, CuraDebt can address the tax side.

No COJs. Treble damages. Unlimited homestead. Delancey Street’s attorney network knows how to use every Texas protection available. Over $100M settled. Free consultation. Call now.
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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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