Last Chance Funding lawsuit: the Agler Livestock confession of judgment and the Second Department reversal

Last Chance Funding lawsuit record: Nassau vacated a $1,222,886.08 confession judgment in 2020; the Second Department reversed in 2025. Not legal advice.

Updated 2026-11-02

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By Anonymous MCA industry contributor Research, writing and editorial review · MCA sales background

A Last Chance Funding lawsuit search usually leads to one published New York record: Last Chance Funding, Inc. v Tom Agler Livestock, LLC, a confession of judgment case in Nassau County. The clerk entered judgment for $1,222,886.08 on May 2, 2019 against an Ohio livestock business, two related companies, and two individual guarantors. Nassau Supreme Court vacated that judgment in 2020. On March 26, 2025, the Second Department reversed and denied the motion to vacate, without prejudice to a plenary action. If you read only the trial decision, you get the wrong ending. This page covers both opinions and nothing beyond them.

Editorial update: 2026-11-02 · Desk research of the Nassau County decision and the Second Department opinion on the New York Courts reporter, plus a 2026 Attorney General petition that mentions the company. Not legal advice.

Quick answer

Item	Public record
Funder	Last Chance Funding, Inc.
Trial decision	Last Chance Funding, Inc. v Tom Agler Livestock, LLC, 2020 NY Slip Op 35820(U) (Sup Ct, Nassau County Aug. 6, 2020) (Voutsinas, J.), Index No. 605975/2019
Trial outcome	Motion to vacate the confession judgment granted; order entered Oct. 6, 2020
Appellate decision	Last Chance Funding, Inc. v Tom Agler Livestock, LLC, 2025 NY Slip Op 01794, 236 AD3d 1006 (2d Dept Mar. 26, 2025)
Appellate outcome	Order reversed, with costs; motion to vacate denied without prejudice to a plenary action
Judgment	$1,222,886.08, entered by the Nassau County Clerk on May 2, 2019

If papers name Last Chance Funding, the first questions are whether a judgment has been entered against you, in which county, and whether any restraint or levy is already in place. A licensed New York attorney can tell you whether a motion or a separate lawsuit fits your facts.

What "Last Chance Funding lawsuit" usually means

The published court record is private collection litigation: a funder entering a confession of judgment after a claimed default, and the merchant side trying to undo it. There is one related government filing to know about. In a petition dated June 8, 2026 (Sup Ct, New York County, Index No. 452192/2026), the New York Attorney General sued the arbitration provider Mediation and Civil Arbitration, Inc., which does business as RapidRuling, and its two founders. The petition describes LCF Group, Inc., formerly Last Chance Funding, Inc., as a non-party and alleges the company worked with the founders on the forum's rules. Those are allegations in a petition, not findings, and Last Chance Funding is not a respondent in that case.

The deal behind the judgment

The Second Department laid out the facts this way. On January 10, 2019, Tom Agler Livestock, LLC signed an agreement selling future receivables to Last Chance Funding. The funder agreed to pay $1,369,022 for $2,039,842.78 of receivables, with an origination fee of $125,000 and an ACH fee of $395. Collection was set at 15% of daily sales, debited from a designated bank account.

Agler Livestock Trucking, LLC and Tom Agler, Sr.-Livestock, LLC guaranteed the deal, as did Tom Agler, Sr. and Sharon Agler. The same day, the two individuals signed affidavits of confession of judgment. Those affidavits allowed judgment for $2,039,842.78 less payments, plus a $2,500 default fee, 9% annual interest, and an attorney's fee of 33.33% of the amount confessed.

Five days later, on January 15, 2019, the individual defendants signed a disbursement addendum. It said the funder would pay out the purchase price in 12 weekly installments rather than all at once.

The Nassau decision adds detail on what happened next. The funder made two disbursements, $80,880.18 on January 16 and $134,800.30 on January 22, for a total of $215,610.48 after wire fees. It debited $18,499 a day for six business days; the court noted that comes to $110,994. The funder said that starting January 28, 2019, the defendants closed the designated account while the business kept operating. It sought judgment for $899,506.67 plus interest, fees, and costs. The judgment entered on May 2, 2019 included $299,805.57 in attorney's fees, which is 33.33% of that principal.

The Nassau court also recorded the funder's side of the story. Last Chance Funding said the business had already sold more than 100% of its receivables to other MCA funders, that this was a "reverse consolidation," and that an intercreditor and subordination agreement with those funders was part of the deal.

Nassau vacated the judgment (2020 NY Slip Op 35820(U))

The defendants moved by order to show cause. They argued that the disbursement addendum changed the deal from a lump sum to weekly payments and that the confession affidavits no longer matched it.

Justice Helen Voutsinas agreed. The confession affidavits and the funder's supporting affidavit referred to the January 10 agreement. They did not mention the disbursement addendum, which did not yet exist when the affidavits were signed, or the intercreditor agreement. On that basis the court called the confessions "void, defective and insufficient."

The court also looked at the fee. The legal work, it said, was preparing an affidavit and a proposed judgment and e-filing the application. A fee of $299,805.57 for that was "so unreasonably large and grossly disproportionate" that the court held it void as a penalty, citing Equitable Lumber Corp. and First Nat. Bank of E. Islip. The motion to vacate was granted under CPLR 3218 and 5015. All other requested relief not specifically addressed was denied.

The Second Department reversed (2025 NY Slip Op 01794)

The funder appealed. The panel started from the general rule that a person seeking to vacate a confession judgment must bring a separate plenary action.

A challenge to the facial sufficiency of CPLR 3218 papers can sometimes be raised by motion. But the court explained that the requirement that the affidavit state the facts behind the debt exists to protect third parties from collusive judgments, not to protect the defendant. So the defendants could not attack the judgment on that ground. The dispute raised questions of fact and belonged in a plenary action.

The October 6, 2020 order was reversed, with costs. The motion was denied without prejudice to the defendants' right to start a plenary action. The panel did not reach the fee question on its merits; it said the remaining contentions were either without merit or did not need to be addressed. Barros, J.P., Chambers, Ford, and Landicino, JJ., concurred.

What this record does not tell you

The two opinions do not say whether the Agler defendants later filed a plenary action, settled, or paid. We have not guessed. The Nassau view of the 33.33% fee did not survive as a holding, because the appellate court sent the whole fight to a different procedure. Neither opinion rules that Last Chance Funding agreements in general are lawful or unlawful.

The timing is also worth noting. These affidavits were signed in January 2019. New York amended CPLR 3218 later in 2019 to restrict confession judgments against out-of-state defendants, so a newer file may be governed by different rules. Our guide to confessions of judgment in MCAs covers how these documents work today.

How this fits with other funder lawsuit pages

The closest match on this site is Funding Metrics, where the Second Department also reversed a trial court vacatur and pointed the merchant to a plenary action. For contrast:

Diesel Funding lawsuit: a settlement judgment vacatur fight the Second Department resolved for the funder.
Unique Funding Solutions lawsuit: another Nassau County funder record.
LG Funding lawsuit: the three-factor loan test in United Senior.

If papers name Last Chance Funding

If you have a summons, a restraining notice, a levy, or a frozen account, talk to a licensed attorney first. Our guide to the first 30 days after service covers the deadlines that usually matter.
Keep the whole file together: the purchase agreement, any addendum and its date, guaranties, the confession affidavits, the funder's affidavit for entry, the judgment, and bank records of every debit and disbursement.
If no judgment has been entered and you are weighing negotiation, get written proposals and confirm who would handle any court work.

Related funder lawsuit pages

Last Chance Funding is listed in our MCA lawsuit tracker, with the other funder cases we have written up.

Sources (public)

Last Chance Funding, Inc. v Tom Agler Livestock, LLC, 2025 NY Slip Op 01794, 236 AD3d 1006 (2d Dept Mar. 26, 2025), NY Courts reporter
Last Chance Funding, Inc. v Tom Agler Livestock, LLC, 2020 NY Slip Op 35820(U) (Sup Ct, Nassau County Aug. 6, 2020), Index No. 605975/2019, NY Courts reporter PDF
People of the State of New York v Mediation and Civil Arbitration, Inc., Index No. 452192/2026 (Sup Ct, New York County), petition dated June 8, 2026, NY Attorney General filing

Takeaway

The published Last Chance Funding record is one case with two rulings. Nassau vacated a $1,222,886.08 confession judgment because the affidavits did not reflect a later disbursement addendum and because it saw the 33.33% fee as a penalty. The Second Department reversed in 2025 and held that the challenge had to be brought as a plenary action. That is a ruling about procedure. It does not tell you how your own judgment will come out.

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