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Merchant Cash Advance Attorney

Merchant Cash Advance Attorney

Start with a Free Phone Consultation

A merchant cash advance attorney is a lawyer who defends businesses against aggressive MCA companies. At Tayne Law Group, our MCA attorneys negotiate settlements, fight lawsuits, vacate confessions of judgment, and remove UCC liens. We were one of the first firms in the country to resolve MCA debt, and we have helped thousands of business owners across the U.S.

Is MCA Debt Draining Your Business?

Merchant cash advances promise fast funding, but the reality is often a cash flow nightmare. If any of this sounds familiar, you’re not alone, and you have options.

Daily debits eating your revenue. MCA companies automatically withdraw payments every day, leaving you scrambling to cover payroll, rent, and suppliers.

Stacked advances creating chaos. You took a second or third MCA to cover the first, and now multiple companies are fighting over your daily sales.

UCC liens on your receivables. MCA companies filed liens that let them intercept payments from your customers or freeze your merchant processor.

Confession of Judgment threats. You signed a COJ without realizing it, and now the MCA company can get a judgment against you without a trial.

Breach of contract lawsuits. You missed payments or changed bank accounts, and now you’re being sued.

MCA companies contacting your customers. MCA companies are reaching out to your clients directly, damaging relationships you spent years building.

You didn’t fail. The MCA system is designed to trap businesses like yours. Many MCA agreements contain terms that are unenforceable, deceptive, or outright illegal. Our attorneys know how to fight back.

Your business deserves to thrive

MCA debt doesn’t have to destroy what you’ve built. Our team specializes in Merchant Cash Advance and business loan debt relief, helping you regain control, protect your assets, and restore your cash flow.

As one of the first law firms in the U.S. to resolve MCA debt, our experienced attorneys negotiate directly with MCA companies to reduce payments and design custom strategies that fit your goals and budget, so you can move forward with confidence and let your business grow again.

Leslie H. Tayne, Esq.
Award-winning attorney, Founder of Tayne Law Group
More about Leslie →

How Our MCA Process Helps

We don’t just negotiate. We use every legal tool available to protect your business and reduce what you owe.

MCA Negotiation & Settlement

We negotiate directly with your MCA companies to reduce your total debt, often settling for 40-60% of the original balance. Our attorneys understand MCA contract terms and use that knowledge to get you the best possible outcome.

Daily Debit Relief

Automatic daily withdrawals can cripple your cash flow. We work to stop, pause, or reduce these debits while we negotiate a settlement, giving your business room to breathe.

UCC Lien Defense

MCA companies file UCC liens to claim your receivables and intercept customer payments. We challenge improper filings, negotiate lien releases, and protect your revenue stream.

Lawsuit Defense

If an MCA company sues you for breach of contract, we defend you in court. Many MCA lawsuits have weaknesses, such as improper service, unenforceable terms, or failure to follow reconciliation requirements.

Confession of Judgment Vacatur

If an MCA company used a COJ to obtain a judgment against you without a trial, we can move to vacate it. New York banned out-of-state COJs in 2019, and many older judgments can be challenged.

Creditor Communication Shield

Once you hire us, all communication with the MCA companies goes through our office. No more threatening calls, emails, or harassment. You focus on your business, and we handle the MCA companies.

Why choosing Tayne Law Group to help you resolve your debt is the right choice

Trusted
  • Serving clients since 2001
  • Award-winning legal team
  • Personalized strategies that make all the difference
Clear & Affordable
  • One low monthly payment
  • No monthly service fees
  • No-billing policy
Experienced
  • MCA providers
  • Collection Agencies
  • Law firms
  • National banks

MCA Legal Issues We Handle

Merchant cash advances exist in a legal gray area. They’re structured to avoid consumer and lending laws, but that doesn’t mean you have no rights. Here’s what our attorneys look for in every MCA case:

Confession of Judgment (COJ)

A COJ allows an MCA company to obtain a court judgment against you without notice or a trial. Many business owners sign COJs without understanding the ultimate impact if the contractual obligations in the original agreement are not met. New York banned the use of COJs against out-of-state borrowers in 2019. We have successfully vacated judgments that were improperly filed.

UCC Lien Abuse

MCA companies file UCC financing statements to secure their interest in your receivables. This is called a UCC-1. But some MCA companies file liens improperly, fail to release the lien, or use UCC liens to strong-arm businesses into paying or signing agreements with unfavorable terms. At Tayne Law, we enforce your rights for lien releases.

Contract Violations

Most MCA agreements include a “reconciliation” provision that requires the MCA company to adjust your payments if your revenue drops. It’s not uncommon for MCA companies to ignore reconciliation requests. If your sales declined but your debits stayed the same, the MCA company may have breached the agreement. These violations can be used against the MCA company during litigation.

Usurious Interest Rates

While MCAs are technically not loans, courts have increasingly “recharacterized” certain MCAs as loans when they lack certain contract requirements and include very high factor rates. A true reconciliation provision or a guarantee of repayment regardless of sales is an example of terms that could render your MCA an actual loan. If your MCA is actually a loan in disguise, it may violate state usury laws.

Improper Collection Tactics

Some MCA companies use aggressive, potentially illegal tactics, including contacting customers and family members directly, freezing accounts without proper authority, and suing without notice. These improper collection tactics and threats may be illegal. Tayne Law will defend your legal rights to the fullest extent of the law.

$11.5M+
Debt settled
$11.5M+
5,600+
5,600+
MCA cases resolved
Thousands
of Business owners helped

Don’t let your MCA debt pull you under

Start with a free phone consultation now
100+
Honors & Awards
New York Super Lawyer 2015 – 2024
Top 50 Most Influential Women in Business Hall of Fame
Avvo Clients’ Choice
16 Leading Lawyers on Long Island
Top Legal Eagle
New York Super Lawyer – 10 Years

Serving businesses across the U.S.

Whether you’re here in New York, located in another state, or even based in another country, our services for MCA relief can help you. Most MCA agreements are enforced in New York even though you and your business are elsewhere. Knowing you have the best team, familiar with the law and the legal process in the jurisdiction where your matter will be enforced, is the key to success.

Our legal team stays current on state-specific rules to protect your interests. A growing number of states now have specific regulations for merchant cash advances, including California, New York, Texas, Virginia, Utah, and Connecticut. These laws often require MCA companies to disclose the true cost of an advance before you sign.

Even if your state doesn’t have specific MCA regulations, federal laws and other defenses may still apply. Every MCA agreement is different, and we will review yours for weaknesses the MCA company hopes you’ll never find.

See our MCA pages by state:

What to Expect Working With an MCA Attorney

Step 1

Free Phone Consultation 💬

Tell us about your MCA debt. No judgment, just options, and we’ll explain how we can help.

Step 2

We Advocate for you

We take over all communication with your MCA companies. Our team will negotiate the best possible deal to reduce your payments and settle your balances in amounts you can afford.

Step 3

Your Debt is Settled! 🎉

You approve the settlement, make the agreed payments, and get back to running your business and life, lien-free, lawsuit-free, and debt-free.

Frequently Asked Questions About MCA Attorneys

What does a merchant cash advance attorney do?

A merchant cash advance attorney defends business owners against MCA companies. That includes negotiating settlements for less than the full balance, defending lawsuits, vacating confessions of judgment, removing improper UCC liens, and working to stop or reduce daily debits. At Tayne Law Group, we handle all of this and take over communication with the MCA companies, so you can focus on running your business.

When should I hire a merchant cash advance attorney?

The best time is as soon as the daily payments start hurting your cash flow, or the moment an MCA company threatens a lawsuit, a UCC lien, or a confession of judgment. The earlier you get help, the more options and defenses you usually have. Waiting can cost you defenses and give the MCA company more leverage. Our first phone consultation is always free.

Can an MCA company freeze my bank account?

Yes, in certain situations. If you signed a Confession of Judgment, the MCA company may be able to obtain a judgment and freeze your accounts without warning. Some states, like Connecticut, also allow a pre-judgment remedy. An MCA company can also pursue account freezes through litigation if you default, fail to respond, or lose the case. This is why it’s so 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 companies that 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. We can review your agreement to find out if your MCA is really a loan hidden behind a receivable purchase.

Can I negotiate MCA debt myself?

You can try, but MCA companies 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 into signing new agreements that include judgment provisions, access to bank accounts, and contact with their customers. Our firm knows the law, how MCAs operate, and the tactics MCA companies use to pressure business owners. We can identify contract violations, company failures, and improper collection tactics that give you real leverage. Self-help rarely achieves the same results.

What happens if I stop paying my MCA?

The MCA company will likely take aggressive action, including frequent calls, emails, and texts, threats to file or enforce UCC liens, attempts to collect directly from your customers, lawsuits for breach of contract, or enforcing a Confession of Judgment if you signed one. Acting quickly to get the right legal help is important to protect your rights and your business. The longer you wait, the fewer defenses you may have.

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 cost ahead of time. We build a budget that works for you, so you can keep operating your business and paying your most important expenses. A monthly or even weekly payment structure can be within reach. As a law firm, there are no hidden fees and no confusing language, just one clear, affordable payment that fits your budget.

Can you help if I have multiple MCAs?

Yes. Most businesses end up with multiple MCAs, which is also called stacking. While stacking is often prohibited in agreements, MCA brokers frequently sell business owners multiple advances from different companies. Getting into one MCA often forces you into another, because you take a second to cover the payments on the first. We regularly help business owners with stacked MCAs get out of these agreements and into renegotiated terms they can actually afford. We prioritize each debt based on which companies pose the greatest immediate threat and which offer the most workable settlement options.

What if my MCA company has already sued me?

Contact us immediately. Lawsuit deadlines move quickly, and missing one could force you into a judgment. Once that happens, the MCA company can act fast to freeze your bank accounts and payment processing. We regularly defend MCA lawsuits and have successfully challenged breach-of-contract claims, improper service, unenforceable terms, and reconciliation violations. Even if you have not been served but believe you were sued, it’s time to act. Call us today at 866-890-7337.

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 company or its attorneys act unreasonably or improperly, we are prepared to fight in court and stand up to any company that tries to intimidate our clients.

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