Flexibility Capital MCA lawsuit or a disputed payment balance?
A demand letter may give you one total. Your bank statements, the funder’s ledger and the proposed settlement can tell a more detailed story. Our attorneys help review those records together.
Free MCA review or case evaluation.
No lawsuit is required to ask for help.
The Flexibility file
The redacted agreement in our document library identifies Flexibility Capital Inc. as the purchaser under a receivables purchase agreement. It includes a business seller and a guarantor. Check those roles against your own complete agreement, amendments and any court papers.
A separate public case, Flexibility Capital, Inc. v Highway Surfers LLC, illustrates why the evidence behind a claimed balance matters. In March 2024, a Kings County trial court denied the funder’s summary-judgment motion because its proof did not establish entitlement to judgment. The court identified problems authenticating the agreement, funding and payment records. That ruling concerned the motion before that court; it did not declare all Flexibility agreements invalid or establish the final outcome of other cases.
The public court decision is background research, separate from BDLG’s redacted settlement example below. A payment-history issue in another lawsuit is a reason to examine your records, not a reason to ignore your own response deadline.
Sources: New York court decision: Flexibility v Highway Surfers (2024)
- Entity in our excerpt
- Flexibility Capital Inc.
- Account review
- Compare the funded amount, credited payments and separately claimed fees.
- Document example
- A settlement and release with monthly wire-payment language.
- Independent legal representation
- Business Debt Law Group is not affiliated with, endorsed by, or acting for Flexibility Capital.
A settlement amount and a payment obligation are different parts of the review.
The displayed page states a balance of $11,883.94, including default and legal fees described in the document. It provides for a $7,500 settlement amount and $2,500 monthly wire payments. Dates are redacted. The page alone does not establish that every condition was satisfied, all payments were made or a release became effective.
See more MCA settlement examples ↗
Partial, redacted excerpt from one matter. Other pages, amendments and later events may affect these terms. This discussion does not summarize the complete agreement or case. Acceptance, completed payment, releases and the final outcome require verification from the complete records. This is not a standard offer or promised result. Past results do not guarantee a similar outcome.
Build a clear account history, then evaluate the settlement.
Start with the actual deposit received by the business. Keep the gross purchase price, deducted fees and net deposit separate. Then list each withdrawal and payment credit by date. A rejected debit, a later replacement payment and an additional fee are separate entries; combining them can make it harder to understand the amount being demanded.
Where another company’s name appears in a payment portal, bank descriptor or collection letter, ask what role it has and how its records relate to the agreement. In the Highway Surfers decision, the court specifically discussed payment entries associated with Flexibility Funding, Inc. That case-specific observation does not establish that similarly named entities are interchangeable on your account.
Evaluate any proposed monthly wire amount against the dates your business actually receives revenue. Confirm when funds must arrive, how the recipient is verified and how each payment will be credited. The complete agreement is needed to establish the operative dates, final payment, release conditions and consequences of a missed payment.
If litigation has started, review the requested relief and supporting documents separately from settlement discussions. Preserve the papers and service details even while an offer is being negotiated. An offer or conversation does not by itself show that the court schedule has changed.
Where does your Flexibility matter stand?
MCA payments are too much
Bring the deposit record and current withdrawals so the review starts with what the business actually received and paid.
Receivables or accounts are affected
Match any collection or MCA UCC notice to the claimant, agreement and account ledger before evaluating a response.
Court papers have arrived
Provide the motion, exhibits and service information, not just the balance on the first page of the demand.
Four practical first steps.
- Check for a court deadline.If you received court papers, identify where the case is filed and when a response is due. Settlement discussions do not automatically extend a deadline.
- Put the records in one place.Collect the agreement, payment history, bank statements, and every notice. Preserve emails and texts, including any proposed settlement terms.
- Review a proposed change before signing.A new agreement, acknowledgment, release, or guarantee can affect your rights and obligations. Have its terms reviewed in context.
- Discuss a plan for your actual situation.Ask which legal or negotiation options fit the documents, cash flow, and litigation status—and what representation would cost.
Flexibility MCA questions, answered.
Does the Highway Surfers ruling automatically defeat my Flexibility lawsuit?
No. It addressed the evidence on a particular summary-judgment motion. Your agreement, evidence, court, procedural stage and any later orders need their own review.
What if the demanded balance does not match my bank statements?
Preserve both sets of records and identify the dates or entries you cannot reconcile. Ask for an itemized accounting of payments, reversals and fees. A difference needs investigation; it does not by itself establish an error or defense.
Does the example mean Flexibility will accept $7,500 on my account?
No. It records terms from one matter. The balance, available funds, litigation status and complete agreement in your situation may be different.
Is a document titled settlement and release proof that everything is finished?
The title alone is not enough. Review who is covered, what performance is required, when any release takes effect and which closing documents confirm completion.
What does the free MCA review cover?
The initial consultation can address your MCA agreement, payment pressure, collection communications or case status. Consultations are free. Any retained legal-service fees are separate and addressed in the engagement terms.
Let’s review your Flexibility MCA.
Tell us about the payment demand, proposed agreement or court papers you need help understanding.
General information, not legal advice. Options depend on the agreements, facts, applicable law, and procedural history. No result is guaranteed. Contacting the firm does not create an attorney-client relationship or extend a deadline. Business Debt Law Group provides legal services; it does not provide or arrange financing.