MCA COJ Defense Response — Motion to Vacate Outline (NY CPLR 5015)

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY WHERE COJ WAS ENTERED]
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[MCA COMPANY NAME],

                              Plaintiff,

        -against-                                          Index No.: [INDEX NUMBER]

[YOUR BUSINESS NAME] and [YOUR PERSONAL NAME],

                              Defendants.
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NOTICE OF MOTION TO VACATE CONFESSION OF JUDGMENT
AND SUPPORTING AFFIRMATION

[NOTE: THIS IS A STRUCTURAL OUTLINE ONLY. A REAL MOTION REQUIRES AN ATTORNEY.
ALL CAPS SECTIONS IN BRACKETS ARE PLACEHOLDERS — DO NOT FILE THIS DOCUMENT.]

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PRELIMINARY STATEMENT
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Defendant [YOUR NAME / BUSINESS NAME] respectfully moves this Court pursuant to CPLR 5015(a) for an order vacating the Confession of Judgment ("COJ") entered against Defendants on or about [DATE OF COJ ENTRY] in the amount of [JUDGMENT AMOUNT].

This motion is based on the grounds set forth below, including [select applicable]:
[ ] Lack of jurisdiction over the Defendant under CPLR 5015(a)(4)
[ ] Fraud, misrepresentation, or other misconduct by the opposing party under CPLR 5015(a)(3)
[ ] A meritorious defense to the underlying obligation
[ ] The COJ was entered after August 30, 2019 in violation of New York's prohibition on out-of-state COJs (CPLR 3218 amendment)

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FACTUAL BACKGROUND
[FILL IN WITH YOUR SPECIFIC FACTS]
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1. On or about [DATE], Defendant entered into a Merchant Cash Advance agreement with Plaintiff, designated as Agreement No. [CONTRACT NUMBER].

2. On or about [DATE], Plaintiff caused a Confession of Judgment to be entered in [COUNTY] County, New York in the amount of $[AMOUNT].

3. Defendant [did / did not] reside or maintain a principal place of business in New York at the time the COJ was entered.

4. [DESCRIBE THE SPECIFIC CIRCUMSTANCES: e.g., "Defendant was not provided a copy of the COJ affidavit before signing," "the affidavit of confession contained materially false statements about the amount owed," "the MCA agreement was entered into on [DATE] after the August 30, 2019 prohibition," etc.]

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LEGAL ARGUMENT
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POINT I: THE COURT LACKS PERSONAL JURISDICTION OVER DEFENDANT
[CPLR 5015(a)(4)]

The COJ statute, CPLR 3218, requires that the affiant be a resident of New York or that the debtor submit to jurisdiction. [Describe why jurisdiction is lacking in your case — e.g., defendant is a non-New York resident/business and the agreement predates or postdates the relevant period.] Courts have vacated COJs entered without proper jurisdictional basis. [Cite: applicable case law from your attorney's research.]

POINT II: THE COJ WAS PROCURED BY FRAUD OR MISREPRESENTATION
[CPLR 5015(a)(3)]

[Describe specific misrepresentations: e.g., the amount in the COJ affidavit exceeds the actual amount owed; the COJ was presented as a routine "form" without disclosure of its legal effect; the MCA agreement contained materially false representations about the nature of the transaction.] CPLR 5015(a)(3) allows vacatur where the judgment was obtained through fraud, misrepresentation, or other misconduct. [Cite applicable case law.]

POINT III: DEFENDANT HAS A MERITORIOUS DEFENSE TO THE UNDERLYING CLAIM

[Describe substantive defenses: e.g., the MCA was a loan disguised as a purchase of receivables (usury defense); the funder breached the agreement by failing to reconcile; the amounts sought exceed what is owed under the contract.] To prevail on a motion to vacate, a defendant must demonstrate a meritorious defense. [Describe your specific defense with supporting facts.]

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CONCLUSION
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For the foregoing reasons, Defendant respectfully requests that this Court:

(a) Vacate the Confession of Judgment entered on [DATE] under Index No. [INDEX NUMBER];
(b) Stay enforcement of the judgment pending determination of this motion;
(c) Grant such other and further relief as the Court deems just and proper.

Dated: [DATE]
[CITY], New York

Respectfully submitted,


_______________________________
[ATTORNEY NAME]
[LAW FIRM NAME]
Attorney for Defendant
[ADDRESS]
[PHONE]
[EMAIL]

[NOTE: IF YOU DO NOT HAVE AN ATTORNEY, DO NOT SIGN AND FILE THIS DOCUMENT.
A PRO SE MOTION TO VACATE A COJ IN NY SUPREME COURT IS EXTREMELY DIFFICULT
AND IS UNLIKELY TO SUCCEED WITHOUT LEGAL REPRESENTATION.
PLEASE SEE THE RESOURCES BELOW.]