5 Defenses Your Attorney Can Use to Fight an MCA Lawsuit

This is exactly what I needed to read. Thank you. Making the call tomorrow.

Great question. I was able to get a small SBA microloan through a local credit union 3 months after settlement. The key was having the settlement agreement and UCC release on file.

How did it affect your ability to get future financing?

My attorney charged a flat fee of $3500 for the negotiation. Some work on contingency. Shop around — I talked to three before choosing. The free consultations are genuinely free.

Tax note: the forgiven amount may be taxable as cancellation of debt income. There are exceptions if you're insolvent (IRS Form 982). Don't get surprised at tax time.

How much did the lawyer cost? That's what's holding me back.

Did they file a UCC lien against your business? That's what I'm worried about.

Yes, there was a UCC lien. My lawyer got it released as part of the settlement. Make sure that's in writing before you pay a dime.

We see stacking cases regularly. Typical approach:
1. Close the account being debited, reroute revenue
2. Enter all funders into negotiation simultaneously
3. Use the stacking argument as leverage
4. Negotiate a single consolidated settlement

With those factor rates, you have strong ammunition for a usury argument in New York under state usury statutes.

You NEED professional help — this isn't something you negotiate yourself with multiple funders. Each has a UCC lien and they'll fight each other. The stacking itself is leverage — a good attorney will argue the funders knew the combined payments were unsustainable, which is predatory lending.

Former retail owner here. Was in your exact situation. Settled all 3 for a combined 52 cents on the dollar. Took about 4 months. My business survived.

Take a breath. This is more common than you think.

1. To enforce a NY judgment in New York, they must "domesticate" it through New York courts under the Uniform Enforcement of Foreign Judgments Act. You can challenge this.
2. You can move to vacate the NY judgment — NY courts have been increasingly skeptical of COJs from MCA companies.
3. New York has its own protections under state usury statutes.

Do NOT ignore this. Get a lawyer immediately — there are filing deadlines.

Had the same thing happen. My attorney filed to vacate in NY and challenged domestication in your state simultaneously. The MCA company backed down and we settled. They use the COJ as a scare tactic.

Former MCA broker here (not proud). This is called "stacking" and it's how companies make real money. The broker gets commission, the funder gets a fresh contract. The only person who loses is the business owner. I left the industry because of this.

THIS. The brokers earn commissions on EACH deal. Of course they suggest a second advance.

This is a pressure tactic. Even if the MCA agreement includes assignment of receivables, actually contacting your clients is different. Under New York's UCC Article 9, there are proper legal channels. More importantly, if this causes reputational harm, you may have a claim for tortious interference. Document everything.

They pulled this same threat on me. Never followed through. Get a lawyer to send them a letter and it stops.

Typical timeline:
- Week 1-2: Consultation, retain counsel, send notices
- Week 2-4: ACH debits stop
- Month 2-3: Active negotiation
- Month 3-5: Settlement reached and paid
- Month 5-6: UCC liens released

Stacking cases take 4-8 months. COJ cases add 2-3 months.

From first call to signed settlement: about 6 months for me. But the daily debits stopped within 2 weeks once my attorney got involved. That's the key — immediate relief even though full resolution takes time.

Yes, similar experience. Undisclosed fees are a known issue. My attorney argued lack of disclosure violated New York's Consumer Protection Act and the federal Truth in Lending Act. They settled quickly once those arguments were raised.

Track those fees separately from principal repayment. Some "administrative fees" may be deductible as business expenses even during the dispute.

Attorney here. Important thing to know: state usury statutes defines what constitutes a loan vs. a purchase of receivables in New York. Many MCAs are structured as receivables purchases to avoid usury caps, but if the agreement has a fixed repayment amount and a reconciliation clause that's never actually used, there's a strong argument it's a disguised loan. Get a consultation — most MCA attorneys offer free ones.

Went through the same thing with my trucking company near Miami. What worked was getting a lawyer who handles MCA disputes specifically. They sent a cease and desist and within a week the MCA company agreed to restructure. The key was arguing the MCA was actually a loan under New York's usury statutes (state usury statutes) because of how the agreement was structured. New York caps interest at varies by state for non-licensed lenders.

SAME. the US area here too. Got into an MCA cycle where I took a second one to pay off the first. Death spiral. I ended up closing my original bank account and opening a new one at a different bank. Yes they sent threatening letters but my attorney handled it. Settled for 45 cents on the dollar.

The personal guarantee doesn't mean automatic access to your personal account. They'd need to: (1) get a judgment against you personally, then (2) use that judgment to garnish.

In New York, there are significant exemptions. Talk to an attorney about New York-specific protections — many personal guarantees have defects that make them voidable.

We went through this. Moved personal savings to a separate account at a different bank. Not legal advice, but it bought us time to get proper counsel. The PG was negotiated down as part of the settlement.

Ch 11 is legitimate but understand the trade-offs:

Pros: automatic stay stops ALL collection, can restructure all debt
Cons: legal fees $15-25k+, takes 12-18 months, public record, court permission needed for many decisions

Look into Subchapter V small business reorganization — faster and cheaper than traditional Ch 11. Debt limit raised to $7.5 million.

I looked into Ch 11 before going settlement. The public record aspect was a dealbreaker — in my industry, competitors would use it against me on every bid. Settlement is private.

MCAs aren't inherently evil but the cost is extreme. Try these first:
1. SBA microloans (up to $50k, even for newer businesses)
2. CDFI lenders (community development financial institutions)
3. Business credit cards (even at 24% APR, cheaper than most MCAs)
4. Revenue-based financing from transparent companies
5. Kiva loans (0% interest, crowdfunded)

If you MUST do an MCA, keep the factor rate under 1.3 and ensure there's a real reconciliation clause.

If you need the money for 30-60 days and have high margins (buying inventory you'll sell at 3x markup), an MCA CAN work. Run the numbers. But if margins are thin or timeline uncertain — stay away.

No. Full stop. An MCA company cannot affect your professional license. Licensing boards do NOT discipline based on business debts. This is a scare tactic and arguably violates the Fair Debt Collection Practices Act.

Document who said this, when, and how. This kind of threat strengthens your position — shows bad faith, can be used as leverage or basis for a countersuit.

Had a similar scare. Your license and business debts are completely separate. Do not let them intimidate you.

You still have options. The remaining ~$31k can potentially be settled for 40-50 cents (~$12-15k). Your good faith payments actually help your negotiating position. Also worth exploring whether pandemic relief protections apply — some MCAs from 2020-2021 have been challenged on economic duress grounds.

Under New York's UCC Article 9, a secured party must file a UCC-3 termination within 20 days of receiving a written demand. Send a formal demand via certified mail referencing the specific UCC filing number. If they don't comply, they're liable for statutory damages plus any actual damages from the delayed loan.

Had the same issue. The certified letter worked within a week. Include a copy of your final payment confirmation.

Very different:\n\nSettlement: Stop paying, attorney negotiates reduced lump sum (typically 40-55 cents on the dollar for MCAs). Most common for MCA debt.\n\nConsolidation: New loan pays off all MCAs. Still owe full amount but at lower rate. Harder because most traditional lenders won't refinance MCA debt.\n\nFor most the US business owners, settlement is better because: (1) factor rates are so high consolidation rarely makes sense, (2) legal arguments against MCAs give strong leverage you lose if you consolidate.

I called two of the top ones. Both professional, no pressure, both offered free consultations with realistic timelines. Go with whoever you feel most comfortable with.

Good experience overall. Key things: (1) no large upfront fees, (2) they should know your state-specific laws, (3) realistic settlement range — anyone promising 20 cents on the dollar is lying.

Filed with both. BBB did nothing — boilerplate response. The AG complaint was more useful — goes into their file. But neither replaced getting an actual attorney.

File the complaints AND get a lawyer. They're not mutually exclusive. The AG tracks MCA complaints but for YOUR situation, only a lawyer can negotiate.