Pre-settlement funding rules in New York.

Criterica Capital prices matters here from the court record and brings them to capital partners built for each transaction. New York regulates consumer litigation funding under the Consumer Litigation Funding Act (Article 39-H), N.Y. Gen. Bus. Law §§ 899-ccc–899-mmm. Charges to the consumer litigation funding company are capped at 25% of the gross amount recovered on the claim — disclosed verbatim, in 12-pt bold, in the funding contract. Champerty is a disfavored, narrow doctrine in modern New York practice. No reported New York decision treats non-recourse third-party litigation funding, standing alone, as champertous — the doctrine's modern application is generally limited to a party that acquires a claim for the primary purpose of controlling and profiting from litigation it has no independent interest in.

Rates and terms are set by the capital provider and written in the provider's agreement before signing. Charges to the consumer litigation funding company are capped at 25% of the gross amount recovered on the claim — disclosed verbatim, in 12-pt bold, in the funding contract. Where a state sets a lower limit, the state limit applies.

Criterica Capital reviews the request and the case information your attorney provides, and may introduce qualified matters to independent capital providers. Providers make their own decisions, set their own terms and fund. Timing depends on the case, the documents and the provider.

Non-recourse funding is repaid only from a recovery. If the case does not produce one, nothing is owed under the agreement. The provider's agreement states the terms.

Your attorney must be retained and involved. Criterica Capital works through your attorney, who provides the case documentation for review. No fee is charged to the attorney.

Whether a second advance is possible depends on the provider and on the remaining net recovery after the first advance is repaid. Every funding agreement is disclosed to your attorney.