Merchant Cash Advances (MCAs) are marketed as quick, easy financing for businesses with daily credit card sales. But what seems like a lifeline can quickly become a trap. Daily or weekly automatic withdrawals can strangle your cash flow, forcing businesses into a cycle of taking new MCAs to pay off old ones.
If you're reading this, you probably already know the problem. Here's what you need to know about your options.
How Merchant Cash Advances Work (And Why They're Problematic)
The MCA Structure
- Not a loan: Legally structured as a "purchase of future receivables"
- Lump sum upfront: You receive cash immediately
- Daily/weekly withdrawals: 5-30% of daily credit card sales automatically debited
- Factor rate, not APR: Expressed as 1.2 to 1.5 (meaning you repay $1.20-$1.50 for every $1 borrowed)
- True APR: Often 40-350% annualized
The MCA Debt Trap
Here's how businesses get stuck:
- Initial MCA: You take $50K to solve a cash problem
- Daily withdrawals start: $2,000-3,000/day leaves your account
- Cash flow squeeze: Can't cover payroll, rent, or inventory
- Take another MCA: New $30K MCA to cover operating expenses
- Compounding withdrawals: Now $4,000-5,000/day is leaving your account
- Revenue declines: Can't invest in business, quality suffers
- Cycle continues: Each new MCA makes the problem worse
Warning Sign: If you've taken 3+ MCAs in the past year to cover previous MCA payments, you're in the trap. It's mathematically impossible to grow your way out.
Your Rights: What MCA Lenders Can and Can't Do
What They CAN Do
- Continue daily debits per your agreement
- File a UCC lien on your business assets
- Report to business credit bureaus
- File a lawsuit for breach of contract
- Obtain a judgment and pursue bank account levies
What They CAN'T Do (But Often Try)
- Confession of Judgment outside NY: Only enforceable in a few states
- Criminal prosecution threats: MCA debt is civil, not criminal
- Personally threaten you: Harassment is illegal under FDCPA
- Seize inventory without a judgment: UCC lien doesn't give possession rights
Being Harassed by MCA Collectors?
Know your rights and get a legal assessment of your situation
Get Free AssessmentStrategies to Escape MCA Debt
1. Stop the Bleeding: Halt New Withdrawals
Switch Bank Accounts
This is controversial but sometimes necessary:
- Open a new business bank account
- Redirect deposits to the new account
- Leave minimum balance in old account
- Warning: This breaches your MCA agreement and will result in legal action
- Use only as last resort when business survival is at stake
Negotiate Pause or Restructure
- Some MCA companies will pause withdrawals for 30-60 days
- Request modification to percentage withdrawn (e.g., 20% down to 10%)
- Provide financial documentation showing hardship
- Success rate: Low, but worth attempting before drastic measures
2. Debt Settlement
MCA companies will settle, but usually only when:
- You've stopped paying (either by switching accounts or closing business)
- They've filed lawsuit or obtained judgment
- You present a lump sum settlement offer
Typical Settlement Range: 40-70% of remaining balance
Process:
- Stop automatic withdrawals (close/switch account)
- Let debt age 90-180 days
- Make lump sum settlement offer (50% to start)
- Negotiate through their attorney
- Get settlement in writing before paying
3. Bankruptcy Protection
Chapter 11 Bankruptcy
- Stops automatic withdrawals immediately (automatic stay)
- Restructure MCA debt over 3-5 years
- Continue operating business
- Cost: $15,000-50,000+ in legal fees
- Best for: Businesses worth saving with $200K+ in MCA debt
Chapter 7 Bankruptcy (Personal)
- Discharges personal guarantee on MCA debt
- Business typically closes
- Protects personal assets from MCA collections
- Best for: Closed or closing businesses where personal guarantee is threatened
4. Refinance/Consolidate (If You Qualify)
If your credit is decent and business has positive cash flow:
- SBA 7(a) loan to pay off MCAs
- Traditional term loan
- Business line of credit
Reality check: Most businesses trapped in MCA debt don't qualify for traditional financing. But if you caught it early, this is the best option.
Real Talk: What Most Businesses Actually Do
Let's be honest about what happens in practice:
Scenario A: The Business is Viable
- Stop taking new MCAs (hardest part psychologically)
- Open new bank account, redirect deposits
- Use breathing room to stabilize operations
- Let MCA age 120-180 days while getting legal advice
- Negotiate settlements at 50-60% or file Chapter 11
- Make settlements from improved cash flow
Scenario B: The Business Isn't Viable
- Stop withdrawals, wind down operations orderly
- Liquidate inventory and equipment
- Pay critical vendors and employees
- Let MCA debt default
- If they sue personally, consider personal Chapter 7
- Move on to next business with lessons learned
Frequently Asked Questions
No. MCA debt is a civil matter, not criminal. Some MCA companies use intimidating language about "check fraud" or "theft," but this is not accurate. You cannot be criminally prosecuted for defaulting on an MCA. However, you can be sued civilly, and they can obtain a judgment to collect.
A Confession of Judgment (COJ) clause allows the lender to obtain a judgment without a trial. However, COJs are only enforceable in New York, Ohio, and a few other states. Many MCA companies include COJ clauses even when lending to businesses in other states—these are generally not enforceable. Even in states where they're valid, COJs can often be challenged. Consult an attorney if you're concerned.
Only if you signed a personal guarantee. Many MCA agreements include personal guarantees, meaning you're personally liable. If you did sign a personal guarantee and they obtain a judgment, they can pursue your personal assets (home, car, bank accounts). Check your agreement. If you did sign a personal guarantee, personal bankruptcy (Chapter 7) can discharge this liability.
This is a last resort when business survival is at stake. Switching accounts breaches your MCA agreement and will result in legal action. However, if daily withdrawals are preventing you from making payroll or paying rent, it may be necessary to keep the business alive. Consult an attorney first. Document your financial hardship. Be prepared for a lawsuit. Use the breathing room to stabilize and plan your next steps.
Get Help with MCA Debt
Free Resources
Professional Help
If you're dealing with multiple MCAs totaling $50K+:
- Free debt assessment
- Attorney evaluation
- Settlement negotiation
- Bankruptcy consultation
Trapped in the MCA Cycle?
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