Merchant Cash Advance Debt Relief

A merchant cash advance attorney is a lawyer who specializes in defending businesses against aggressive MCA lenders. At Tayne Law Group, our MCA legal team negotiates settlements, fight lawsuits, vacate confessions of judgment, and remove UCC liens.

Can an MCA provider freeze my bank account?

Yes, in certain situations. If you signed a Confession of Judgment, the lender may be able to obtain a judgment and freeze your accounts without warning. Or if the law provides a pre-judgment remedy in certain states, like Connecticut, for example. They can also pursue account freezes through litigation if you default, fail to respond, and/or lose the case. This is why it’s super important to work with experienced attorneys. Our team has more than 50 years of combined experience resolving debt, including helping clients unfreeze bank accounts, remove liens, vacate improper judgments, and negotiate with creditors who are threatening to freeze accounts.

Is a merchant cash advance considered a loan?

Technically, no. MCAs are structured as purchases of future receivables to avoid state lending and usury laws. However, courts have “recharacterized” some MCAs as loans when they lack genuine reconciliation provisions or guarantee repayment regardless of sales. If your MCA functions like a loan, you may have an out. Find out today if your MCA is really a loan hidden behind a receivable purchase.

Can I negotiate MCA debt myself?

You can try, but MCA collectors and providers are experienced at these negotiations and know most business owners don’t understand their legal rights. Many business owners who have tried have been pressured to sign new agreements that often include judgment provisions, access to bank accounts, and client access.  Our firm is experienced at protecting client rights. We know the law and how MCAs operate, and the tactics they use to pressure and even intimidate business owners into signing agreements.  We can identify contract violations, creditor failures, and improper collection tactics that can give you real leverage in getting out of your MCA agreement. Self-negotiation and self-help rarely achieve the same results.

What happens if I stop paying my MCA?

The MCA provider will likely take aggressive action, including excessive calls, emails, and texts, threats to file or enforce UCC liens, attempts to collect directly from your customers, suing for breach of contract, or enforcing a Confession of Judgment if you signed one. Acting quickly to secure the right legal help is imperative to preserve your rights and protect your business. The longer you wait, the fewer defenses you may have and the more the MCA can try to come after you.

How much does an MCA attorney cost?

Tayne Law Group offers free initial phone consultations and works on a flat-fee basis, so you always know the costs ahead of time. We work with you to develop a budget that works for you, so you can continue operating your business and paying your most important expenses. A monthly or even weekly payment structure can be within reach, and as a law firm, you can be sure there are no hidden fees or confusing language about the services. With no monthly service fees and just one clear, affordable payment that fits your budget, you have peace of mind and some breathing room.

Can you help if I have multiple MCAs?

Yes. Most businesses end up with multiple MCAs. This is also called stacking. While stacking is often prohibited in agreements, it is not uncommon for MCA brokers to sell a business owner multiple MCA’s from different providers. Getting into one MCA often forces you into another when you can’t meet the financial obligation of the payment schedule of the first one, so you take a second to cover the first MCA payments. We regularly help business owners with stacked MCAs from multiple lenders get out of these agreements and into new, renegotiated agreements with better terms. Our process includes a customized strategy that focuses on each MCA provider and any other lenders individually to create a consolidated repayment plan you can actually afford. As a result of years of experience negotiating MCA debt, we will prioritize resolving each debt based on which lenders pose the greatest immediate threat, as well as those that offer the most lenient repayment and settlement options.

What if my MCA provider has already sued me?

Contact us immediately. Time is moving very quickly, and there are deadlines for lawsuits you do not want to miss. Doing so could force you into a judgment, and once that happens, the creditor can take swift action to freeze your bank accounts and payment processing systems. We regularly defend MCA lawsuits as a commercial litigation law firm and have successfully challenged breach-of-contract claims, improper service, unenforceable contract terms, and reconciliation violations. Even if you have not been served, but someone told you that you were sued, it’s time to take action and speak with experienced MCA lawsuit defense attorneys like us. You likely have defenses, but deadlines matter, so don’t wait. Call today.

Do I have to go to court?

Most MCA cases settle without going to trial. Our goal is to negotiate a resolution that works for you without the time and expense of litigation. However, if an MCA provider, through their attorneys, is being unreasonable or has acted improperly, we’re prepared to fight in court for your rights and stand up to any creditor that tries to intimidate or threaten our clients.