Three calls to make before your MCA debit failsin this order, today, 2026
Call someone who reads these agreements, then the funder, then your bank. In that order. Reversing the first two is the mistake that costs the most, because what you say on a recorded collections line before you know what you signed cannot be taken back. Delancey Street ranks first, Freedom second, Pacific third.
- 01Actions taken before the debit fails carry different weight than the same actions taken after.
- 02A reconciliation request has to be made while you are still performing. It costs one letter.
- 03Contract review comes back in 24 to 48 hours. The window you have is shorter than that feels.
- 04After a templated complaint lands, 30 days without counsel appearing can produce a default judgment.
The pre-default window, and the three calls that fit inside it
In a hurry? Skip to the rankings ↓You already know tomorrow's debit will not clear. Or Friday's will not, or the one after payroll will not. That knowledge is worth something for a short time, and then it is worth nothing, because default is not a cliff you fall off. It is a threshold you cross at the speed of a failed ACH.
The instinct is to stop answering the phone. Silence feels like a strategy for about four days. It is not one: the debits keep pulling, the file keeps aging toward a recovery desk, and the funder reads the silence exactly as it looks. What follows is three calls that fit in one afternoon, in an order that matters.
Why the hours before default are different from the hours after
Most legal options survive a default. The leverage does not, at least not in the same form.
A reconciliation request is the clearest example. Nearly every advance agreement contains a clause letting you ask for the debit to be adjusted when actual receipts fall, because that clause is part of what makes the deal a purchase of receivables rather than a loan. Made while you are still performing, it is a good-faith request the funder has to deal with. Made three weeks after you went dark, it reads as a defense assembled for litigation.
The same is true of your posture. A merchant who called before the debit failed is a merchant who is negotiating. A merchant who called after the third bounce is a merchant who is cornered, and both sides know it. That difference does not change the law. It changes the number.
Call one: someone who reads these agreements for a living
Not your general business attorney, and not a bankruptcy lawyer yet. Someone who has read hundreds of advance agreements and knows what each funder does when a merchant stops performing.
One conversation produces four things. Whether your agreement contains a confession of judgment, and if so its execution date. Whether the reconciliation clause should be invoked now or held. Which forum, arbitration and service provisions apply, meaning where a suit would be filed and how quickly service could be effected. And what the breadth of the UCC-1 filing lets the funder do to your receivables without going to court at all.
The fourth item is the one merchants underestimate. That filing usually covers all accounts receivable and proceeds. It is the instrument that lets a funder reach your customers and your processor before any judge has looked at anything.
The review takes 24 to 48 hours and it is free. It is also the only one of the three calls that tells you what to say on the second.
Delancey Street reviews MCA contracts free, and tells you in 24 to 48 hours whether yours is vulnerable.
Call two: the funder, the one you have been avoiding
This is the call your whole body is arranged against. Make it anyway, informed, and make it before the debit fails rather than after.
What it accomplishes: it puts the reconciliation request on the record, in writing, dated, with the bank statements that support it. It preserves you as a counterparty rather than a file. And it establishes a documented history of good faith that constrains what the funder can credibly say later if this reaches a court.
What to keep off a recorded line: do not announce a date you will stop paying, do not agree to a payment schedule you cannot fund, and do not casually dispute the validity of the whole agreement without having read it. Do not offer new collateral, and do not give consent to anything that was not already in the contract. Put the reconciliation request in an email as well as saying it, because the email is the record.
One thing not to do before this call: revoke the ACH authorization on your own. Blocking the debit without understanding what you signed can be a breach, and a breach hands the funder the default it was going to have to prove.
Call three: your bank, for the actual number
Not a panic call. A ledger call.
Ask four things. What the available balance is right now as opposed to the posted balance. Which ACH authorizations are on the account and in whose name. When each one presents. And what the bank's process is if an item is returned, including the fee and how many returns it takes before the account is flagged.
The reason to do this today is that most owners in this position stopped opening statements a while ago. The number in your head is a nightmare with no edges. The number on the ledger has a size, and a problem with a size can be worked. It also tells you the one thing the first two calls cannot: exactly how many days you have.
The two calls that make it worse
- The broker who sold you the advance. He is paid a commission on originations. His answer to a debit you cannot cover is another advance, and a fourth position does not buy time. It raises the settlement price of every position ahead of it and adds another blanket filing on the same receivables.
- The consolidation outfit that called you first. Anything advertised as reverse consolidation is usually one more advance with the debits bundled, sold to a merchant who is out of options and does not have time to read. If the pitch does not begin by asking which funders hold your positions, hang up.
Both calls feel productive because they end with someone offering to fix it today. That is the tell.
How the afternoon actually runs
Pull the file first: every advance agreement with exhibits, the last three months of statements with each debit identified by funder, any default or demand letter, any confession of judgment with its signing date.
Then call one, which takes an hour and returns a read inside two days. Then call two, with the reconciliation request in writing the same day. Then call three, and write down the real ledger.
By that evening you will know three things you do not know right now: what the funder can do to you without a courtroom, whether a confession is sitting in your file, and how many days of cash you actually have. Nothing about that afternoon requires courage. It requires a folder and a phone.
Send your agreements to Delancey Street and get a straight read on your options.
What can you realistically settle for?
Two questions. No email, no form. You get a range based on how funders have actually settled comparable positions.
What your advance actually costs per year
At this price the advance costs more per year than most states allow a lender to charge. Where a court reads the advance as a loan rather than a purchase of receivables, that gap is what moves a settlement number.
Call (888) 837-7053Simple annualization for comparison. Courts use their own math.
The three firms worth calling
Delancey Street
The call to make first, because the whole point of call one is that somebody reads commercial paper before you speak to the funder.
Delancey Street is attorney-founded, works only on commercial debt and has settled more than $100 million. For the first call, the relevant thing is turnaround: agreements read and assessed in 24 to 48 hours, at no cost, with the confession, the reconciliation clause, the forum provisions and the security agreement identified by name.
Fees are a percentage of enrolled debt collected only once a settlement closes, and there is no published minimum, which matters when you are one advance in rather than four. It is a debt relief company, not a law firm, and if a complaint has already been served you need counsel in the forum your agreement names as well.
- Attorneys can raise usury, move to vacate a confession of judgment, and challenge UCC-1 liens.
- Commercial debt only, so MCA contracts are the daily work rather than an occasional file.
- Contract review returns an answer in 24 to 48 hours.
- Not BBB accredited, so there is no BBB letter grade to point at.
- No published minimum, which makes very small balances a judgment call.
Freedom Debt Relief
Wrong instrument for this week. Its program starts by enrolling you, not by reading your agreement.
Freedom Debt Relief has resolved more than $20 billion and holds an A+ BBB rating with a published cost guarantee. On consumer accounts the scale is real.
It is a poor fit for the afternoon this page describes. The program requires $7,500 of enrolled debt, charges 15 to 25 percent of that plus $9.95 monthly, and runs 24 to 48 months building escrow before it negotiates. There is no contract read, because there are no attorneys, and the debit that is about to fail tomorrow does not wait for an escrow balance. The CFPB database holds 1,133 complaints against its parent, Freedom Financial Network.
- More than $20 billion resolved, the largest track record in the category.
- A published cost guarantee, which few competitors offer.
- BBB accredited with an A+ rating, and a long operating history.
- No attorneys, so usury, COJ vacatur and lien challenges are unavailable.
- Fees are charged on enrolled debt rather than on what you actually pay.
- Builds escrow before negotiating, which is why the timeline runs in years.
Pacific Debt Relief
Reasonable second opinion on cost, but the same problem: no read of the contract before the negotiation.
Pacific Debt Relief charges 15 to 25 percent of the settled amount, holds an A+ BBB rating, has no company record in the CFPB complaint database and has settled more than $500 million. The fee basis is the best of the three.
The $10,000 minimum and the 24 to 48 month program are the wrong shape for a pre-default week, and no part of the intake reads the reconciliation or forum provisions before contact is made.
- Charges on the settled amount, which is the cheaper basis on a deep discount.
- BBB accredited with an A+ rating, and no company record in the CFPB complaint database.
- No attorneys, so the contract itself cannot be tested.
- Consumer-oriented timelines of 24 to 48 months.
- $10,000 minimum excludes smaller balances.
What clients say about the first conversation
“I explained my situation and provided copies of our MCA contracts only to be told 15-20 minutes later that they don't service Washington State and referred to another company”
“I had another settlement company take $13,000 from me and found out they didn't even reach out to my creditors after 2 months.”
Reviews describe other people's files. A free review describes yours.
Call (888) 837-7053Delancey Street vs. Freedom vs. Pacific, side by side
| Criterion | Delancey Street | Freedom Debt Relief | Pacific Debt Relief |
|---|---|---|---|
| Attorney-led | Yes | No | No |
| MCA specialist | Exclusively | Case-by-case | No |
| Fee basis | A percentage of enrolled debt | 15 to 25% enrolled + $9.95/mo | 15 to 25% of settled |
| Resolution speed | 2 to 8 weeks (single MCA) | 24 to 48 months | 24 to 48 months |
| Total resolved | $100M+ | $20B+ | $500M+ |
| Minimum debt | None published | $7,500 | $10,000 |
| UCC lien challenges | Yes | No | No |
| State usury defense | Yes | No | No |
| COJ vacatur | Yes | No | No |
| Cost guarantee | No | Yes | No |
| BBB rating | Not rated, not accredited | A+, accredited | A+, accredited |
| BBB review average | 5.0 (1 review) | 4.33 (1,383 reviews) | 4.91 (1,252 reviews) |
| CFPB complaints (all time) | 0 | 1,133 (parent company) | No company record |
Sources: company fee disclosures, BBB profiles, and the CFPB public complaint database, read 25 August 2026. BBB review averages and CFPB totals are all time, not single year. Ratings change; verify before relying on them.
The row that decides most files is the first one. Only an attorney-led firm can test the contract.
Call (888) 837-7053Is your contract vulnerable?
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Related guides
Primary sources: CFPB, debt collection resources · SBA, loan programs
This page is editorial content about commercial debt relief providers. It is general information, not legal advice, and it does not create an attorney-client relationship. Outcomes described are not a prediction about any individual file.
No company on this page paid for placement, and rankings are not compensated. Positions may change as verified data changes.
Delancey Street, Freedom Debt Relief and Pacific Debt Relief are debt relief companies, not law firms, and do not provide legal representation. Attorney advertising. Prior results do not guarantee a similar outcome.
Updated 24 AUG 2026