Hofer Hagan LLP

Do you have an Indiana-based company that has gotten in trouble with a Merchant Cash Advance (MCA) company? In our business debt defense practice we have run into more inquiries from businesspeople with MCA problems. I asked Google Gemini for an overview of the players, and this is what came back (shortened): If any of this information is wrong, let us know.

In Indiana, Merchant Cash Advance (MCA) companies typically don't start their legal battles in local Hoosier courts. Instead, they often use Confessions of Judgment (COJ) or forum-selection clauses to sue in New York or Connecticut first, then "domesticate" those judgments in Indiana to freeze your local bank accounts.

Based on recent 2026 legal trends and defense records, the following companies and groups are known for aggressive litigation or have been frequently named in defense cases involving Indiana businesses:

1. High-Litigation MCA Funders
These companies are frequently cited by defense attorneys (such as Grant Phillips Law and Delancey Street) as being active in filing lawsuits or enforcing liens against defaulting merchants:

Richmond Capital Group / RCG Advances: Historically one of the most aggressive, though they have faced significant federal scrutiny and bans for their collection tactics.

CloudFund & Yellowstone Capital: Known for high-volume filings in New York courts against out-of-state businesses, including those in Indiana.

Itria Ventures (and Biz2Credit affiliates): Often use formal legal channels and UCC-1 filings to secure and pursue debts.

Triton Recovery / TVT Capital: Frequently appear in "domestication" cases where they move an out-of-state judgment into Indiana to seize assets.

2. Companies Using "Foreign Judgments" in Indiana
Many funders sue in New York because of favorable laws, then hire Indiana-based counsel to enforce the judgment. If you bank with regional institutions like Old National Bank, First Internet Bank, or 1st Source, you may see actions from:

TVT Capital

Everest Business Funding (EBF)

Spartan Capital

1st Global Systems

3. Common Tactics Used in Indiana
In 2026, Indiana courts (specifically in Marion County) have become more skeptical of these companies. Here is how they typically pursue Indiana customers:

UCC-1 Liens: They file a notice with the Indiana Secretary of State, which "perfects" their interest in your accounts receivable. This can prevent you from getting any other business financing.

The "Three Pillar Test": Indiana defense attorneys now use this legal standard to argue that an MCA is actually an illegal, high-interest loan rather than a purchase of future sales.

Bank Levies: They don't need to sue you in Indiana to freeze your money; they can serve a "Restraining Notice" on your bank if the bank has a branch in the state where the judgment was originally won.

Important Context for Indiana Business Owners
As of March 2026, Indiana's legal landscape has shifted. The SB 169 reorganization updated the state’s lending code, giving small businesses more leverage to argue that these advances should follow Indiana usury laws.

Journalist Kara Kenney and RTV6 reported today on the nationwide class action filed by Hagan and White, LLP and it’s colleagues, against Asta Funding, LLC, the parent company of Palisades XVI and Palisades Collections, who, together, rank among the largest holders of consumer debts in the nation. Working with the Consumer Law Office of Steve […]

The post Keith Hagan featured on RTV6 expose about Dead Debt Collectors appeared first on Hofer Hagan LLP .

Keith Hagan featured on RTV6 expose about Dead Debt Collectors » Hofer Hagan LLP Journalist Kara Kenney and RTV6 reported today on the nationwide class action filed by Hagan and White, LLP and it’s colleagues, against Asta Funding, LLC, the parent company of Palisades XVI and Palisades Collections, who, together, rank among the largest holders of consumer debts in the nation. ...

From the "Corporations out of Control" file: Disney is defending a lawsuit for a personal injury at a restaurant at one of its properties on the grounds the plaintiff clicked on a terms of service agreement for Disney plus television service. I am inclined to cancel my Disney Plus service, but I would like to do it as part of an organized effort so they get the point.

Disney wants to dismiss a wrongful death lawsuit because of a Disney Plus agreement The plaintiff thinks Disney’s argument “borders on the absurd.”

It's May in Indianapolis, and that means racing. (Well, this year it still means basketball too.) Most people coming to Indianapolis are surprised at the size of Indianapolis Motor Speedway. The oval is 2.5 miles, but there are also surrounding grounds. There are other race tracks bigger, but rarely in the middle of a city. The first Indianapolis 500 was in 1911, but there were other races there a few years before, including motorcycles, balloons and airplanes. The city grew up around the track, and the track to a certain degree sparked the growth of the city. The Allison Engine Company started as a company to supply racing engines to the Indianapolis race teams. In WWI the company got into the aircraft engine business. In WWII, Allison engines powered all of the P-38 Lightnings, all of the P-39s, most of the P-40s and the early P-51 Mustangs, and all of those engines were built in Indianapolis. Postwar, Allison got into jet and turboprop engines. 20 years ago or so, Allison was acquired by Rolls Royce and merged into Rolls Royce's aircraft engine operations. If you ever visit Indianapolis, take a half day and visit the motor speedway. Try to wait about a year though because the Speedway museum is closed for refurbishment and expansion that will last about another year.