top of page
MCA Defense Soluions

MCA Contract Defense & Resolution

Consolidation

When a business has multiple Merchant Cash Advance agreements in place, the cumulative impact on cash flow can be overwhelming. MCA consolidation brings those disparate contracts together under one strategic framework, simplifying repayment and reducing the number of daily or weekly withdrawals undermining your working capital. Rather than juggling several funders, different factor rates, and stacked daily debits, consolidation restores predictability and control to your receivables and bank accounts. Structured consolidation also creates clearer negotiation leverage and a more manageable path toward long-term recovery.

​

Top Benefit:

Reduce total MCA payment obligations by up to 58% while restoring predictable cash flow.

 

Consolidation replaces stacked MCA withdrawals with a single, structured strategy reducing daily drain, eliminating payment chaos, and significantly lowering overall exposure when contracts are reorganized and renegotiated under legal review.​

​

​

Repay Reconciliation

Repay reconciliation is a forensic accounting process that compares what a business has actually paid versus what funders claim you owe. Many MCA contracts contain deductions and holdbacks that don’t align with actual deposits or revenue performance; retroactive reconciliation detects these discrepancies. By uncovering over-collections, misapplied payments, and improper withdrawal behavior, retroactive reconciliation strengthens your defense and creates negotiation power. It can reveal where a funder’s internal bookkeeping does not match the contract terms information that may be essential in challenging enforceability or recalibrating obligations.

​​

Top Benefit:

Uncover overpayments and inflated balances that immediately strengthen your legal and negotiation position.

 

By reconciling what was actually paid versus what funders claim is owed, this process identifies improper withdrawals, accounting errors, and leverage points that can reduce or eliminate disputed balances.

​

​

Restructuring

Restructuring focuses on reshaping existing MCA obligations into terms that better align with your business’s real cash flow. Instead of continuing under a high-pressure repayment regime that drains funds when you need them most, restructuring explores options such as lowering payment amounts, extending timelines, or modifying holdback structures. This isn’t refinancing with new debt; it’s a negotiated adjustment backed by legal scrutiny of contractual terms and funder practices. When successful, restructuring gives your business more breathing room, protects essential operations, and redirects cash flow toward growth rather than constant withdrawals.​​​​​​​​​​​​​

​​

Top Benefit:

Convert unmanageable MCA terms into cash-flow-aligned repayment structures.

 

Restructuring modifies payment schedules and obligations to reflect real business revenue, reducing financial pressure while maintaining operational continuity without taking on new debt.

​

​

MCA UCC Defender

Many MCA funders use Uniform Commercial Code (UCC) filings to assert rights over your receivables and other business assets. These filings can allow funders to divert customer payments or secure collateral far beyond what a true receivables purchase should allow. UCC defense focuses on scrutinizing those filings for overreach and improper scope, challenging them where appropriate, and stopping improper diversion of receivables. The goal is to protect your ongoing revenue streams and ensure that your customers’ payments reach your operating account instead of being swept away by funders under questionable legal claims.

​​​​​​​​​​

Top Benefit:

Protect receivables and stop funders from diverting customer payments.

 

UCC defense limits or challenges overreaching filings, safeguarding revenue streams and preventing funders from interfering with day-to-day business income.

​

​

TRO Resolver (Merchant-Filed)

A Temporary Restraining Order (TRO) is a legal tool that a merchant can pursue when funder actions such as aggressive ACH pulls, demands, or collection tactics threaten to collapse cash flow and cripple operations. Instead of waiting for cash withdrawals to decimate accounts, a TRO seeks emergency relief from a local court that can temporarily halt improper action while the underlying contract defense plays out. The TRO Resolver strategy is specifically designed to provide immediate statutory breathing room, giving your business a chance to stabilize and defend itself without daily interruptions from funder encroachment.

​​

Top Benefit:

Immediate court-ordered relief that halts aggressive funder actions and stabilizes cash flow.

 

A merchant-filed TRO can pause unlawful ACH pulls or collection pressure, giving the business breathing room to defend its position and pursue long-term resolution.

​

​

Strategic Enforcement and Defense

McDonnell Hopkins’s strategic enforcement and defense solutions go beyond tactical fixes. When MCA contracts are based on terms that operate “in substance” as high-interest loans rather than true receivables purchases operating "in form", legal analysis can reveal that they are unenforceable or voidable under usury and contract law. By examining factor rates, fixed repayment obligations, UCC collateral claims, confessions of judgment, reconciliation, and the real risk profile of the arrangement, merchants can challenge the fundamental enforceability of the contract. This strategy positions business owners to stop aggressive collection actions, enforce their rights, and leverage legal principles in negotiation or litigation when appropriate.

​

Top Benefit:

Challenge enforceability and shift leverage by exposing MCA contracts that operate as illegal loans.

 

By applying substance-over-form analysis and usury principles, this strategy can limit enforcement, dismiss claims, or force favorable settlements changing the balance of power in MCA disputes.​​

bottom of page