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DEFENDING MCA (MERCHANT CASH ADVANCE) CASES FILED IN NEW YORK
SINCE 2016.
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WEINBERG LEGAL PLLC
ATTORNEY AT LAW
(516) 829-3900 (631) JUSTICE
(561) 728-8800
EMAIL: AMOS@AMOSLEGAL.COM

Lawsuits by merchant cash advance (MCA) companies can be beaten in court. Weinberg Legal has continually identified new ways to defeat MCA companies.
Decisions won by Weinberg Legal on the defense of criminal usury:
May 15, 2018, LG Funding vs United Senior Properties
Mar. 11, 2020, Appellate Court affirms.
Nov. 5, 2021, Union Funding Source, Inc.
Jan. 21, 2022, Ein Cap, Inc.
Jan. 25, 2022 Ace Funding Source
Feb. 1, 2022, Unique Funding Solutions LLC
Mar. 2, 2022, Chrome Capital LLC
Apr. 13, 2022, Fox Capital Group, Inc. v God's Love
Jun. 8, 2022, Slate Advance, (Appellate Division 2nd Dept.)
Jul. 7, 2022, Union Funding Source, Inc. (acknowledging 5 ways that lender was insulated from a reconciliation).
Sep. 21, 2022, Wynwood Capital Group
Nov. 14, 2022, Merchant Business Solutions
Feb. 22, 2023, World Global Fund
Mar. 8, 2023, IMS Fund LLC
May 9, 2023, Emerald Group Fund dba Vitalcap
Jan. 12, 2024, Kash Capital
Feb. 27, 2024, 22 Capital
Mar. 15, 2024, Avanza Group
Mar. 20, 2024, Emerald Group Fund dba Vitalcap
Apr. 22, 2024, Webfund Instafunders
​Jan. 6, 2025, Phantom Advance
Feb. 10, 2025, Royal Business Group
Weinberg Legal files detailed answers, listing all available defenses plus the math supporting the criminal usury defense. Below are samples in date order, each answer quoting the latest ongoing case law:
Fundfi
Vox Funding
Worldwide Capital
Velocity Capital
Redstone Advance
Eminent Funding
E Advance Services
Itria Ventures
3Point Capital Group
Kalamata Capital Group
Main Street Merchant Services
Fincoast Capital
Kash Advance
Simply Funding
Swift Funding
Epic Advance
CFG Merchant Solutions
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Lenders Not Allowed to Sue in New York: If the plaintiff was formed under the laws of a state other than New York, and you are also outside of New York, the court may not have any subject matter jurisdiction and must dismiss the case. The plaintiff's only choice is to then sue you in your home state. Weinberg Legal has succeeded in getting cases dismissed on this ground:
Fox Capital Group
Harper Advance
Pearl Beta Funding
Parkview Advance
Speedy Funding
Iruka Capital
Liberty Funding Solutions
Mantis Funding
The appellate court in Kapitus Servicing provided an easy test of whether this defense will succeed. Did the MCA company wire its funding from a New York bank? Check your bank statement showing the MCA company's wire of the funding. That wire confirmation will often provide the location or routing number of the MCA company's bank in order to determine if it was in New York. The Kapitus opinion was followed in a case against Bizfund defended by Weinberg Legal.
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Has the lender continued to debit payments after the lawsuit? If so, Weinberg Legal has gotten the lawsuit dismissed on that ground (Vox Funding) or summary judgment denied (AJ Equity Group LLC).
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Bank Accounts Located Outside New York State are Immune: New York follows the "separate entity rule" under which a bank account located outside of New York cannot be frozen or garnished in order to satisfy a New York judgment. This is true even if the bank has a New York branch or office. Almost every MCA lender violates this law by freezing and garnishing the bank account even though they know that your account is maintained out of state. Courts then force them to refund the money. Weinberg Legal brings such proceedings to get a refund. MCA Rehab LLC: restraint vacated. Cloudfund LLC restraint vacated.
If a proceeding is brought against your bank to turn over the funds to the lender, it is important for you to get that proceeding denied because a restraining notice is valid for only one year. After the year expires, your bank must release the money to you unless there was a levy or they won the proceeding for a turnover.
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WARNING -- Besides going to court, the MCA lender can send a UCC lien notice to any customer or credit processor you have, freezing any payments due to you. New York's highest court has just endorsed the UCC lien.
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Settlement Companies. Even before you get sued, settlement companies solicit you, usually promising to settle your loan once you put in escrow with them 40% of the amount owed. The only judge in New York to have thoroughly reviewed these companies found that they do nothing but take your money. Weinberg Legal has sued these companies for clients who couldn't get their money back from them.
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TESTIMONIALS
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Thank you Amos!! You are the man!! Will be my guy moving forward with the rest of these I have.
RJ,
Greenville NC
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Thank you. Words can not express the relief I feel right now. I have been running like a fugitive. I really don't know what to do next. Thank you for all your work and your time. I don't know if I owe you anything right now but if I do please give time to get on my feet again. Thank you again.
CR,
McKinney, Texas
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FAQ
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Q: Why should we retain you instead of the other dozen attorneys who contacted us?
A: ​Please see my track record, above, of winning these cases. No other attorney has this. Because I'm able to win these cases, I do more than just waste time until a settlement gets rammed down your throat.
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Q: Is it worth it for us to hire you?
A: As I warned above, the MCA lender can send a UCC lien notice to any known customer or credit processor of yours. If this is going to force you to settle with them, it may not be prudent for you to hire me.
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Q: Can you guaranty a win?
A: I can't guaranty any result, but if I am not sure that we can beat the MCA company in court, I am not taking your case.
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Amos Weinberg, Admitted New York State and United States District Court, 1978
amos@AmosLegal.com
(516) 829-3900
(631) JUSTICE
(561) 728-8800
49 Somerset Drive South
Great Neck NY 11020
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