Should You Stop ACH Payments to Your MCA Company?
The daily withdrawal is bleeding the business. The instinct is to stop it. The question is not whether you want to stop it. The question is what happens when you do.
Every business owner with an MCA that is consuming their cash flow has considered stopping the daily ACH withdrawal. The impulse is understandable. The advance was supposed to help the business, and instead it is draining it. The daily debit is the most visible symptom of the problem, and stopping it feels like the most direct solution. But stopping ACH payments is a strategic decision with legal, financial, and tactical consequences. It should be made deliberately, not reactively.
What Happens When You Stop
When the daily ACH debit fails — whether because you revoked authorization, closed the account, or the account has insufficient funds — the funder will know within 24 to 48 hours. The failed debit triggers the default provisions of the agreement. The funder will declare a default, accelerate the full remaining balance, and begin its collection process.
The collection process may include sending a default notice demanding immediate payment of the full accelerated balance, filing a confession of judgment if one exists in the agreement, initiating arbitration or litigation, serving restraining notices on other bank accounts the funder can identify, engaging third-party collection agents, and increasing the intensity of direct communications with you.
The speed of this process varies by funder, but the direction is predictable. Stopping ACH payments is not a quiet action. It is the loudest signal you can send to the funder, and the funder’s response will be swift and aggressive.
When Stopping Makes Strategic Sense
Stopping ACH payments makes sense when it is part of a deliberate legal and financial strategy, not a reaction to desperation. If you have consulted an attorney, assessed the legal vulnerabilities in the agreement, and determined that a challenge to the MCA is viable, stopping payments may be the first step in that challenge. The default triggers the dispute, and the dispute is where the legal claims are asserted.
Stopping payments also makes sense when the business literally cannot survive the continued withdrawals. If the daily debit is causing payroll failures, vendor defaults, and operational collapse, continuing the payments may be more destructive than the consequences of stopping. In this scenario, the business is choosing between a slow death by cash flow depletion and the disruption of a default followed by negotiation or litigation.
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(212) 300-5196Stopping payments makes sense when reconciliation has been requested and denied. If you asked the funder to adjust your payments to reflect reduced revenue and the funder refused, the refusal itself is evidence that the transaction is a loan rather than a purchase. Stopping payments after a refused reconciliation request creates a factual record that strengthens the recharacterization argument.
When Stopping Does Not Make Sense
Stopping payments does not make sense as an unplanned reaction to financial stress without any legal strategy in place. If you stop payments and the funder files a confession of judgment, freezes your accounts, and commences collection while you scramble to find an attorney, you have traded one problem for a worse one. The timing of the stop must be coordinated with the timing of your legal response.
Stopping payments does not make sense if the agreement is enforceable, the balance is manageable, and negotiation is possible while payments continue. Some settlements are negotiated while the borrower continues making payments, using the continued compliance as evidence of good faith while the legal issues are being evaluated.
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.
How to Stop Correctly
If the decision to stop is made, the process matters. Revocation of ACH authorization must be done properly — in writing to both the funder and your bank. The legal and strategic steps that follow the stoppage — the attorney engagement, the legal challenge, the negotiation strategy — must be in place before or simultaneously with the revocation. The stoppage is the beginning of a process, not a standalone action. The next article addresses the mechanics of revocation in detail.
The decision to stop ACH payments should also account for the impact on your banking relationship. Repeated failed ACH debits can trigger your bank’s internal risk protocols. The bank may flag your account, impose additional fees, or in extreme cases, close the account. If you are going to stop payments, the revocation should be clean and deliberate — a formal revocation of authorization, not a series of insufficient-funds bounced debits that create a negative record with your bank.
Finally, consider the timing relative to your overall financial position. If you are accumulating funds for a settlement offer, stopping ACH payments preserves the cash that will fund the settlement. The cash flow freed by stopping the daily withdrawal is the cash that pays for the resolution. The strategic sequence is: assess, engage an attorney, revoke ACH authorization, accumulate settlement funds, negotiate, and settle. Each step builds on the one before it. Skipping steps or reordering them produces worse outcomes.