01When to call counsel
A Confession of Judgment has been filed against you. Your bank account has been frozen. A complaint has been served. The funder is sending notices of assignment to your customers. You're considering bankruptcy. In any of these scenarios, you need counsel — not just an advisor.
For routine pre-default settlement, advisors can usually get the job done. For post-litigation work, counsel is non-negotiable.
02What MCA litigation looks like
It's not generic commercial litigation. The contracts are unusual, the case law is fast-evolving, and the procedural traps are specific to MCAs. Counsel who hasn't done this before will burn months learning what experienced MCA litigators already know.
Look for attorneys who can name the cases — Champion Auto, Davis v. Richmond Capital, Amerifactors — and who have appeared on either side of MCA disputes in NY, NJ, FL, or wherever your contract specifies venue.
03The attorney-advisor relationship
At Delancey, we work with a network of independent counsel rather than employing in-house lawyers. The attorney-client relationship is between you and the attorney — they represent you, not us. What's different about our model: when you hire us and an attorney becomes necessary, we pay the costs.* You get senior advisor leverage on the negotiation side and attorney leverage on the litigation side, without writing a separate legal bill.
* Choose from our network of attorneys or any attorney of your choice, subject to terms and conditions.
04What it costs
When you hire us and an attorney becomes necessary, we pay the costs.* There's no separate hourly legal bill, no flat-fee for motions, no surprise invoice — you pay one fee to Delancey.
If you need a specialty firm outside our network, we'll tell you up front and refer you — at no cost to you, even if you don't become a Delancey client.
* Choose from our network of attorneys or any attorney of your choice, subject to terms and conditions.
05How to find good counsel
Ask for case names. Ask how many MCA matters they've handled in the last 12 months. Ask for the outcome of the last three. Ask how they bill, when they bill, and what the realistic budget is for your specific situation.
If you can't get clean answers to those questions, keep looking. We're happy to introduce you to counsel we trust — at no cost — even if you don't become a Delancey client.
If this is you, do these things this week
- Ask the attorney for case names of recent MCA matters.
- Ask how many MCA matters they've handled in the last 12 months.
- Ask for the outcome of the last three.
- Ask how they bill: hourly, flat-fee, contingency.
- Get a realistic budget for your specific situation in writing.
Frequently asked
Do I need a lawyer or an advisor?
For pre-default and most early-stage settlements, a senior advisor is enough. For post-litigation work — COJ, account freeze, served complaint, customer assignment — you need counsel.
How much does it cost?
When you hire us and an attorney becomes necessary, we pay the costs.* There's no separate legal bill — you pay one fee to Delancey. * Choose from our network of attorneys or any attorney of your choice, subject to terms and conditions.
Can my advisor work with my attorney?
Yes — that's the model. Advisors handle leverage and negotiation; attorneys handle litigation. The attorney-client relationship is between you and the attorney. When you hire us and an attorney becomes necessary, we pay the costs.* * Choose from our network of attorneys or any attorney of your choice, subject to terms and conditions.
What's a Motion to Vacate a COJ?
A motion that asks the court to undo an entered Confession of Judgment. Common grounds include procedural defects in the original filing, post-2019 NY restrictions on out-of-state debtors, or fundamental flaws in the underlying contract.