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4 Emergency Steps for Contractors Who Cannot Make This Week’s MCA Payment

The Payment Gap That Defines the Trade

Contracting is a business of delayed payment. You complete the work. You submit the invoice. You wait thirty, sixty, sometimes ninety days for the check. The MCA funder does not wait. The funder debits daily, from an account that receives revenue on an entirely different schedule, and the gap between when you earn the money and when the funder takes it is the gap in which this crisis lives.

If this week’s MCA payment is not going to clear, the four steps below should be completed before the debit attempts.

Contact the Funder and Request a Temporary Adjustment

The first step is the call you do not want to make. Contact the funder’s servicing department (not collections, if you can avoid it) and explain that a revenue gap, caused by the timing of receivables, will result in a short‑term payment shortfall. Request a temporary reduction or pause. The funder may agree. The funder may refuse. The record of your request, made before the payment bounced, establishes good faith and, in a subsequent dispute, demonstrates that you did not abandon the obligation. You attempted to manage it.

Accelerate Your Receivables

The second step is operational. Review your outstanding invoices. Identify any that are past due or approaching due date. Contact those clients directly and request expedited payment. A contractor who calls a general contractor or property owner and explains that an invoice payment, even a partial one, is needed this week is not demonstrating weakness. They are managing cash flow, which is what every business does when inflows and outflows are misaligned. If you have retainage due, explore whether a partial release is available. Every dollar that arrives this week is a dollar the funder cannot claim you did not have.

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Prioritize Expenses Ruthlessly

The third step is a decision about hierarchy. If the account cannot cover both the MCA debit and your operating expenses, the MCA debit should not be the priority. Materials for an active job, subcontractor payments that keep a project moving, insurance premiums that maintain your license: these obligations sustain the business that generates the revenue the funder expects to collect. An MCA payment missed this week, while damaging, does not end the business. A lapsed insurance policy or a subcontractor who walks off the job because you could not pay may.

The funder will disagree with this hierarchy. The funder’s opinion is not the relevant consideration.

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Consult an Attorney Before the Default Triggers Enforcement

The fourth step is the one that determines whether this week’s payment problem becomes a months‑long crisis. An attorney who handles MCA contracts for contractors understands the payment cycle mismatch, the retainage structure, and the vulnerability that project‑based revenue creates. The attorney can assess whether the MCA agreement’s reconciliation clause applies, whether the confession of judgment is enforceable, and whether the contract is vulnerable to reclassification as a loan. These are not abstract questions. They are the questions whose answers determine whether the funder negotiates or litigates.

The payment you cannot make this week is a symptom. The contract you signed is the condition. Treating the symptom keeps you running. Treating the condition is what resolution looks like.

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Todd Spodek

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With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

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