MCA Defense in New York

What CPLR §3218 says about filing

New York CPLR §3218 specifies the defendant's affidavit and restricts filing to a county of residence identified in the statute. It also provides a three-year period after execution for filing the affidavit. For an entity, the section treats a county containing a place of business as a residence. Counsel should evaluate the facts and any exceptions against the current statutory text.

Source checked October 2, 2026. This summary is general information, not an attorney opinion on your contract.

Build an affidavit and filing timeline

Locate the signed affidavit, the original agreement, any amendments, and the entered judgment if one exists. Put the signature date, filing date, case number, and county on a single timeline. Record the business locations at the relevant times and keep documents supporting those locations.

That organization helps counsel evaluate the statutory requirements without relying on a lender's summary. It does not establish that a judgment is valid or invalid. Ask the attorney which documents are missing and how they will obtain the court file.

Separate the claimed balance from the legal procedure

Reconcile the amount claimed with the funding received, the contracted receivables amount, all withdrawals, returned payments, fees, and any prior resolution. Supply bank records rather than an estimated total. Keep evidence of requests to adjust collections and the responses received.

An accounting dispute and a procedural issue may require different treatment. Ask counsel how the payment record affects the matter and whether a proposed financial workout should be discussed while a legal response is prepared.

Owners operating outside New York

If the business operates elsewhere, identify every business location and the contractual forum provision. Tell counsel where the owner and entity were based when the documents were signed and when the filing occurred. Do not rely on a blanket online statement that every out-of-state business is protected or every New York filing is enforceable.

If a bank in another state has restricted an account, supply its notice too. The financial team and attorney need the same file, with a clear allocation of responsibility for court deadlines, creditor contact, and any payment proposal.

Documents to gather before a review

• Signed MCA agreements, amendments, guarantees, and reconciliation provisions.
• Payment history, bank statements, and the creditor's claimed balance.
• All court papers, service records, case numbers, and response dates.
• Bank restraint notices and correspondence about settlement or modification.

Questions to put to the people handling your file

Confirm who is responsible for each deadline, whether counsel represents the entity or an owner as well, and how legal fees are billed. Ask for the consulting scope and creditor proposal separately. No projected discount or payment reduction is an accepted agreement until the relevant parties document it.

BDI can help organize the financial information for an initial review. Availability, legal scope, and representation must be confirmed with the attorney. We do not promise a particular court result, account release date, or savings percentage.