Radium2 Capital Lawsuit: 7 Things to Do in the First 72 Hours

Speed matters less than sequence in the first three days after service. A borrower who answers the wrong question first, calling the funder to explain can spend the only advantage the week contained, while the papers sit unread and the deadlines inside them start running without regard to intent.

What follows is forum neutral diligence for papers that name Radium2 Capital as plaintiff. No filing practice of that company is asserted here, since none was available in the sources inspected, and every step below stays conditional on what your own documents state.

Read the Caption and the Papers

The caption tells you who sued, in which court, and under what index number, and the body tells you what is actually demanded. Some papers seek the full purchased amount plus fees on an acceleration theory drawn from the agreement, a structure visible in published New York opinions such as LG Funding, LLC v United Senior Props. of Olathe, LLC, 181 AD3d 664, where default made the entire uncollected balance due at once.

And the exhibits matter more than the pleading. The contract, the guarantee, the payment ledger and any affidavit attached to the filing decide which defenses exist, so gather the complete set before forming any theory of the case against you.

Calendar What the Papers Command

Six months after the contract was signed, nobody remembers the notice clause. The summons cures that forgetfulness with a date, and the date governs. Answer timing and motion options appear in the papers themselves, and only the papers state them for your matter, so transcribe every deadline onto a calendar that someone other than you can see. A summons resembles a diagnosis more than an invoice, since both demand a response on someone else’s timetable and neither waits until the recipient feels ready.

Exceptions to timing rules tend to confirm the need for speed rather than excuse delay. A missed deadline narrows options that were available the week before.

Preserve Every Record

Bank statements, processor reports, emails with the funder or broker, and the original agreement with all amendments belong in one file, assembled now. Reconciliation rights under merchant agreements turn on proof of earned revenue, and New York courts have weighed whether adjustment provisions were real or illusory by examining exactly this kind of record, as the majority and concurrence debated in Bridge Funding Cap LLC v SimonExpress Pizza, LLC, 2025 NY Slip Op 04306.

Do not discard anything, even briefly, in order to tidy the file, since I am less certain than the preceding paragraph might suggest that every agreement honors its reconciliation mechanism in practice. Debits the funder cannot explain become visible only against complete statements, and gaps in your records read as concessions whether or not they were intended that way.

The Confession Question

One document in the file may matter more than the summons. A confession of judgment signed with the original advance lets the funder enter judgment without trial, and New York permits entry on a signed sworn affidavit stating the debt, subject to county of residence limits and a three year filing window under the confession of judgment procedure.

The judgment that follows a confession is still a judgment, enforceable through the ordinary tools, and it arrives without the months of litigation that let other borrowers negotiate from inside a pending case. Whether your papers include such a clause, and whether it was executed for this specific obligation, are the two questions that set the urgency of everything else. The 2022 federal settlement that permanently barred RAM Capital Funding and its owner from the merchant advance and debt collection industries grew from abuses that included weaponized confessions pursued against personal assets, as the FTC account of the RAM Capital settlement describes.

Do Not Call the Funder Directly

Resist the urge to explain, apologize or negotiate by phone. Any communication with the funder, even casually, can alter the posture of the case, and admissions about revenue, assets or intent travel farther than the conversation that produced them.

Simply state that you wish to speak with an attorney and end the call. Consumer collection protections that limit what collectors may say or do apply to specified consumer debt, and business debts fall outside that frame, as the federal explanation of collection limits confirms, which leaves unrepresented borrowers with fewer shields than they assume, and no statute fills that gap for commercial paper.

Map the Accounts and the Debits

Like a smoke detector wired to the wrong circuit, an automatic debit keeps sounding after the fire it was installed to report has gone out, and only a ledger proves it. List every account subject to debits and every authorization the agreements contain, then compare outflows to the purchased amount on paper.

Federal enforcers have alleged daily withdrawals continuing well past the promised total, in one instance taking more than seventy five thousand dollars without permission. Your ledger either rules that pattern out or documents it. The ledger is complete. The ledger also proves nothing until counsel frames it, and both outcomes carry more weight than speculation.

Engage Counsel and a Settlement Path

A lawsuit is extremely poor timing for self representation and an extremely good occasion for coordinated defense with settlement analysis running alongside it. Written arbitration provisions, where present, are generally enforceable under federal law subject to ordinary contract defenses, as the federal arbitration provision states, and counsel should assess formation, scope, delegation and waiver before anyone elects a forum, since the wrong election can move the dispute into a venue whose procedures favor the repeat filer. Whether arbitration helps a merchant defendant is a question I cannot answer from this desk. I have never met an owner who enjoyed making this call, though the ones who made it early kept more options. This is the week the file gets built or the case gets lost.

Delancey Street is a debt relief company, not a law firm, and it focuses on merchant cash advance and business debt problems with a free confidential initial review, coordinating with independently licensed counsel where litigation defense is required. The objective is to ensure the response is timely and to ensure no statement is made without counsel present, and consultation is where this conversation begins.

Steps you take, or do not take, in the first seventy two hours shape the months that follow. Preserve the file, calendar the dates, hold the phone calls, and let trained counsel review and evaluate the papers before the funder writes the next chapter alone.