⚖️ HOW TO VACATE YOUR CONFESSION OF JUDGMENT
(Fenix Capital Funding – Polk County, Iowa Cases)
🚨 START HERE: WERE YOU TARGETED?
If ANY of the following apply to you:
- You were sued by Fenix Capital Funding, LLC
- The case was filed in Polk County, Iowa
- You do NOT live or operate in Iowa
- Your bank account or processor was frozen or restricted
- Your clients were contacted
- You received suspicious or spoofed phone calls
👉 STOP. You need to review your case immediately.
⚠️ STEP 1: FIND THE DEFECT (YOU ONLY NEED ONE)
You do NOT need everything to be wrong.
👉 One major defect can be enough to attack the judgment.
🔴 NO IOWA CONNECTION (JURISDICTION DEFECT)
If your business:
- Is NOT in Iowa
- Did NOT sign in Iowa
- Did NOT perform in Iowa
👉 Then why is your case in Iowa?
In Polk County Case LACL164168, the Court itself questioned Iowa’s involvement and ordered briefing on:
- Conflict of laws
- Choice of law
- Whether Iowa law should even apply
👉 That’s a direct signal this forum may be improper.
🔴 THE AMOUNT WAS NOT “JUSTLY DUE”
(Iowa Code § 676.3)
Iowa law requires the amount to be:
✔️ Accurate
✔️ Verified
✔️ “Justly due”
Ask yourself:
- Were payments ignored?
- Were fees inflated?
- Did they claim the full contract amount, not what was actually owed?
💥 In at least one case, the amount was overstated by over:
👉 $200,000.00
If the number is wrong → the judgment is vulnerable.
🔴 DEFECTIVE VERIFICATION / NO JURAT
(Iowa Code § 676.3)
A Confession of Judgment must be:
- Signed
- Properly verified
- Properly notarized
Check:
- Is there a real sworn jurat?
- Was it actually verified under oath?
- Does the notarization look incomplete or generic?
👉 If verification is defective → the filing itself is compromised.
🔴 SIGNED BEFORE DEFAULT (MAJOR RED FLAG)
Did you sign the Confession:
👉 At the time of funding?
Not after default?
⚠️ That means:
- It may not reflect a real debt
- It may not reflect a real default
- It may not reflect a real “amount due”
👉 That alone can be a major attack point.
🔴 FENIX EMPLOYEES ALEXANDER RYVKIN AND THOMAS SUTTON DRAFTING AND NOTARIZING DOCUMENTS
Ask yourself:
👤 Was your affidavit signed by:
👉 Alexander Ryvkin?
🖊️ Was it notarized by:
👉 Thomas R. Sutton?
If YES:
- Sutton = Notary + Collections Manager
- Ryvkin = Executing legal affidavits as a non-attorney
🚨 That raises:
- ⚠️ Non-neutral notarization
- ⚠️ Compromised verification
- ⚠️ Unauthorized Practice of Law (UPL) concerns
👉 Courts rely on these documents.
👉 If they’re compromised → everything built on them is at risk.
⚖️ STEP 2: BUILD YOUR RECORD (DO THIS FIRST)
Before filing anything, gather:
📄 Confession of Judgment
📄 Affidavit of amount due
📄 Funding agreement
📄 Guaranty
📄 Payment history
📄 Bank statements
📄 ACH records
📄 Processor statements
📄 Freeze / hold notices
📄 Emails (especially to your clients)
📄 Call logs (especially spoofed calls)
👉 Do not rely on memory. Build proof.
🧾 STEP 3: FILE A MOTION TO VACATE
File in:
👉 Polk County, Iowa District Court
Your motion should clearly argue:
🔹 Lack of Iowa nexus
🔹 Amount NOT “justly due” (Iowa Code § 676.3)
🔹 Defective verification / missing jurat
🔹 Improper notarization (non-neutral notary)
🔹 Payments not credited
🔹 Confession signed before default
🔹 Forum shopping (see NY CPLR § 3218 amendment)
👉 You do NOT need to be perfect.
👉 You need to be clear and factual.
🚨 STEP 4: IF YOUR MONEY IS FROZEN — ACT FAST
If you had:
- Bank accounts frozen
- Payment processors restricted
- Funds seized
👉 Do NOT wait.
Ask the court for:
- Release of funds
- Removal of restraints
- Stay of enforcement
⚠️ Time matters here.
⚖️ STEP 5: APPEAL IF NECESSARY
If judgment is already entered:
👉 You may still:
- File a Motion to Vacate
- File an Appeal
💥 Do BOTH if needed to protect your rights.
💰 STEP 6: DOCUMENT YOUR DAMAGES
Start tracking immediately:
- 💸 Frozen funds
- 💸 Lost revenue
- 💸 Processor shutdowns
- 💸 Lost clients
- 💸 Returned transactions
- 💸 Legal costs
- 💸 Business disruption
👉 If the judgment is invalid → damages matter next
🚨 STEP 7: FILE COMPLAINTS (THIS BUILDS PRESSURE)
Do NOT skip this.
File complaints in ALL of the following:
🏛️ IOWA
👉 Iowa Attorney General
- No nexus
- Defective judgments
- Inflated amounts
🏛️ NEW YORK
👉 New York Attorney General
- CPLR § 3218 abuse
- Forum shopping
- Out-of-state enforcement tactics
🏛️ FLORIDA
👉 Florida Attorney General
👉 Florida Bar (UPL)
- Notary misconduct
- Unauthorized Practice of Law
- Florida-based actors
🏛️ YOUR HOME STATE
👉 Your State Attorney General
- This is where your actual damage occurred
- Bank freezes
- Client interference
- Revenue loss
⚡ FINAL REALITY
This is not isolated.
- 📊 200+ similar filings
- 🔁 Same structure
- 👤 Same individuals
- ⚖️ Same legal issues
👉 That matters.
🔥 BOTTOM LINE
If ANY of the following happened:
- ❌ No Iowa connection
- ❌ Amount inflated
- ❌ Payments missing
- ❌ No proper verification
- ❌ No jurat
- ❌ Signed before default
- ❌ Ryvkin affidavit involved
- ❌ Sutton notarization involved
- ❌ Accounts frozen / clients contacted
👉 Your judgment may be:
⚠️ VOID OR VOIDABLE
🚀 WHAT TO DO RIGHT NOW
- Pull your documents
- Identify your strongest defect
- File your Motion to Vacate
- File complaints in NY, IA, FL, and your home state with their respective notary associations, bar associations, attorney generals, and any other regulatory bodies.