4 Emergency Steps to Take When Multiple MCAs Are Draining Your Account Daily
Three funders are withdrawing from the same account every morning, and the total exceeds what the business deposits in a week.
This is not a cash flow problem. This is a structural failure that will resolve itself in one of two ways: the business intervenes, or the account empties and the defaults trigger simultaneously. There is no third option in which the situation corrects on its own.
The arithmetic is simple enough. Each MCA purchased a percentage of your future receivables, but the daily fixed ACH withdrawal does not fluctuate with revenue. When you signed the first agreement, the withdrawal was manageable. When you signed the second (often at the suggestion of the first funder, or a broker affiliated with them), the combined withdrawal consumed your margin. The third advance, the one that was supposed to stabilize everything, eliminated it.
In 2025, we reviewed a file where a landscaping company in New Jersey was servicing four simultaneous MCAs. The combined daily withdrawal was $1,740. The company's average daily revenue was $2,100. After the withdrawals, after payroll, after fuel costs, the owner had forty-three dollars a day to operate a business that employed nine people.
Forty-three dollars.
Stop the Bleeding Without Triggering the Avalanche
The first instinct, and the most dangerous one, is to revoke ACH authorizations across all accounts. This is the financial equivalent of pulling every fire alarm in a building simultaneously. Each revocation constitutes a default under its respective agreement. Each default triggers its own acceleration clause. Each funder, now aware that you have taken an adversarial posture, will race to be the first to file a judgment and freeze the account.
The first funder to obtain a judgment and serve a restraining notice on your bank gains priority. The others will follow, but the first arrival claims the remaining funds. This is not collaboration among creditors. It is competition, and the merchant is the territory being divided.
You do not win a war with four creditors by attacking all of them on the same morning.
The correct approach is sequential, not simultaneous, and it requires legal counsel to orchestrate. An attorney can send a formal notice to each funder, assert the reconciliation rights embedded in each contract, and create a documented record that the merchant is acting in good faith to address the shortfall. This is not a guarantee of cooperation. It is a strategic positioning that constrains the funder's options if the matter reaches a court.
Separate Your Operating Funds
We have written about this before. It bears repeating because the failure to do it is, in nearly every case we handle, the single decision that converts a manageable crisis into an unrecoverable one.
Open a new business account at a different bank. Begin directing new receivables, customer payments, and incoming deposits to this account. The original account, the one linked to the ACH authorizations, remains open. It is not closed. It is not hidden. It simply no longer contains the funds required to keep the business alive.
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(212) 300-5196This step is not evasion. Courts have distinguished between a merchant who conceals assets to defraud a creditor and a merchant who maintains operational accounts to preserve a going concern. The distinction matters, and an attorney can ensure that the separation is documented and defensible.
But the step must happen now. Not next week. Once a single funder obtains a restraining notice, the bank freezes the entire account balance, including funds that arrived after the freeze date. Every day you wait is a day your operating capital remains exposed to a judgment you have not yet seen.
Demand Reconciliation from Every Funder Simultaneously
Each of your MCA agreements contains a reconciliation clause. Each clause, in theory, entitles you to a payment adjustment when your revenue declines. In practice (and this is the part the contracts do not disclose), the reconciliation process is designed to favor the funder. The documentation requirements are onerous. The response timelines are tight. The funder retains discretion to approve or deny the request, and many funders simply ignore it.
But the request itself has legal significance that transcends the funder's willingness to honor it.
A formal written request for reconciliation, submitted with supporting financial documentation, creates a record. If the funder denies or ignores the request while continuing to withdraw fixed daily amounts from a business whose revenue has declined, that conduct may support a claim that the reconciliation provision was illusory. An illusory reconciliation provision is one of the three factors New York courts examine when determining whether an MCA is, in substance, a loan. And a loan with an effective APR of one hundred fifty percent, or three hundred, or eight hundred, violates New York's usury statutes.
The reconciliation request is not just an operational appeal. It is a litigation foundation.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Six months after the contracts were signed, after three formal reconciliation requests were denied without explanation, the attorney filed a motion arguing the agreements were usurious loans. The court agreed. That case began with a letter, not a lawsuit.
Retain Counsel Before the First Judgment Is Filed
Once a judgment is entered, the dynamic changes. Before judgment, you are a merchant in default on a commercial agreement. After judgment, you are a judgment debtor whose assets are subject to enforcement. The legal tools available to you narrow. The funder's leverage widens. And the cost of resolving the matter increases, because now you are unwinding a judgment rather than negotiating a debt.
In cases involving multiple MCAs, the sequencing matters enormously. An attorney can prioritize which agreements are most vulnerable to legal challenge, which funders are most likely to negotiate, and which confessions of judgment are procedurally defective. This is not a task a business owner can perform alone, not because the concepts are beyond comprehension, but because the timing is unforgiving and the margin for procedural error is zero.
The businesses that survive multiple MCA defaults are the ones that treat the crisis as a coordinated legal event rather than a series of unrelated financial problems. The funders are not coordinating. But your response must be.
The first consultation is not a retainer. It is the moment where someone who has seen this configuration of debt before examines your specific agreements and tells you which of the four walls closing in on your business is the weakest one.
