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Defaulting on a merchant cash advance can have serious consequences for your business. The average cost of a merchant cash advance is around $10,000 to $100,000, with interest rates ranging from 50% to 500% APR.
If you're unable to repay the advance, the lender will likely send your account to collections. According to the article, "collections agencies can charge up to 25% of the original debt as a collection fee, which can quickly add up."
Defaulting on a merchant cash advance can also damage your credit score. A single missed payment can drop your credit score by 100 points or more, making it harder to secure loans or credit in the future.
The lender may also sue you for the debt, which can lead to a court judgment and a negative impact on your credit report. In some cases, a court judgment can remain on your credit report for up to 7 years.
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Default Consequences
Defaulting on a merchant cash advance can have severe consequences for your business. Defaulting on an MCA invokes the lender's right to pursue you and your business, which can include filing a collection lawsuit, freezing your business's bank accounts, seizing property, vehicles, or assets, diverting income to the lender with a UCC lien, contacting your customers, and coming after your personal finances and assets.
If you're already in default, the collection process swiftly begins, and MCA lenders can be very aggressive in their collection efforts. They may issue payment demands to your credit card processor or customers, which can be devastating for your business.
Here are some potential negative consequences of defaulting on a merchant cash advance:
- Heightened collection efforts: MCA providers may aggressively pursue collection efforts to recover the owed amount.
- Legal action: If the MCA provider decides to take legal action and wins, they may obtain a judgment against the business (and possibly the business owner, if there was a personal guarantee).
- Personal financial risk: Many MCA agreements include a personal guarantee, putting the owner's personal assets at risk.
- Credit score impact: Defaulting can still impact the business owner's personal credit score and the business's creditworthiness.
- Reputation damage: Legal battles and financial struggles can harm a business's reputation with customers, suppliers, and potential partners.
- Renegotiation challenges: Defaulting can limit a business's ability to negotiate favorable terms, leading to more stringent repayment conditions.
Missed Payment Consequences
If you miss a payment on your Merchant Cash Advance (MCA), your business is technically in default. This invokes the lender's right to pursue you and your business, including the right to leverage a UCC lien.
Missing a payment breaches the contract you've signed, at least according to the lender. This can lead to a range of negative consequences, including heightened collection efforts, legal action, and personal financial risk.
In most cases, MCA lenders require that business owners sign a personal guarantee to get the merchant cash advance. This means your personal finances and assets are at risk if your business defaults.
The collection process swiftly begins after defaulting on an MCA. Your lender can file a collection lawsuit, freeze your business's bank accounts, seize property, vehicles, or assets, and divert income to them with a UCC lien.
Here are some potential negative consequences of defaulting on a merchant cash advance:
- Heightened collection efforts: MCA providers may aggressively pursue collection efforts to recover the owed amount.
- Legal action: If the MCA provider decides to take legal action and wins, they may obtain a judgment against the business (and possibly the business owner, if there was a personal guarantee).
- Personal financial risk: Many MCA agreements include a personal guarantee, which means the business owner could be personally liable for the debt if the business defaults.
- Credit score impact: Defaulting can still impact the business owner's personal credit score and the business's creditworthiness, especially if a court judgment is obtained against the business.
- Reputation damage: Legal battles and financial struggles can harm a business's reputation with customers, suppliers, and potential partners.
- Renegotiation challenges: Defaulting can limit a business's ability to negotiate favorable terms, leading to more stringent repayment conditions that further strain the business's finances.
Your lender can also seize your assets, including property, vehicles, and bank accounts, and divert income to them with a UCC lien.
Hire a Lawyer
If your business has missed a payment on a merchant cash advance (MCA), it's essential to seek help from a qualified attorney.
A qualified merchant cash advance attorney in your state can help you resolve or restructure business debts, so you can get away from predatory and harassing creditors.
Every state has its own unique laws around lending and merchant cash advances, so it's best to find an attorney in your state who is familiar with and experienced in your area.
Finding a local MCA attorney who can provide quality representation is crucial for resolving your business debts.
Hiring a debt relief lawyer, such as one who specializes in MCA debt settlement, can help you navigate the challenging world of MCA legal debt resolution.
A skilled MCA debt settlement attorney can negotiate business debt settlements, which could result in you paying less than what you owe.
Having a team that can handle the stress and complexity of MCA debt can make a significant difference in your business's survival and thriving.
You can start by setting up a free consultation with a qualified MCA attorney to discuss your situation and devise a plan to get your business back on track.
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Understanding Merchant Cash Advances
A merchant cash advance (MCA) is a type of funding that allows businesses to receive a lump sum payment in exchange for a portion of their future sales.
This type of funding is often used by businesses that need quick access to cash and have a high volume of credit card transactions or consistent sales revenue streams. It's not a loan, but rather an advance based on the business's future sales.
The repayment of an MCA is tied to the business's sales volume, with the lender taking a percentage of daily or weekly sales, known as the "holdback" rate. This percentage can fluctuate based on the volume of the business's sales.
Factor rates, typically ranging from 1.1 to 1.5, determine the total amount the business must repay. Unlike traditional loans with fixed interest rates, the factor rate on MCA loans doesn't decrease with time, making them an expensive financing option over the long term.
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What Is an Advance?
A merchant cash advance (MCA) is a type of funding that allows businesses to receive a lump sum payment in exchange for a portion of their future sales.
This type of funding is often used by businesses that need quick access to cash and have a high volume of credit card transactions or consistent sales revenue streams. Businesses with a high sales volume can repay the advance faster.
MCAs are not loans; they are advances based on the business's future sales. This means that repayment is tied to the business's sales volume, with the lender taking a percentage of daily or weekly sales.
The lender takes a percentage of daily or weekly sales, known as the "holdback" rate, which can range from 5% to 20%. This percentage rate is used to calculate the total amount the business must repay.
MCAs use factor rates to calculate the cost of the advance, which are expressed as decimal figures rather than percentages. Factor rates typically range from 1.1 to 1.5.
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Here are the three possible ways your MCA lender will collect their holdback rate:
Rates and Fees
Merchant cash advance companies charge a factor rate instead of a traditional interest rate, which means you pay a flat sum to borrow money rather than interest that builds over time. This factor rate can range from 1.10 to 1.5, and it's determined by your company's industry, time in business, personal and business credit scores, financial records, and debit and credit card revenue.
In addition to the factor rate, merchant cash advance lenders may also charge an origination fee of up to $3,000. This can significantly increase the overall cost of your financing.
To calculate the cost of an MCA, you need to calculate your APR, which takes into account the factor rate, origination fee, and repayment term. For example, if you borrow $100,000 with a 1.2 factor rate, a $1,000 origination fee, and a maximum 120-day repayment term, you could expect to pay around 116.41% APR.
For another approach, see: How to Calculate Cash Advance Interest
The repayment amount is based on a percentage of your daily credit card sales, which can range from 5% to 20%. This percentage is called the "holdback rate" or "retrieval rate." For instance, Business A with monthly credit card sales of $50,000 would pay $5,000 per month, while Business B with monthly credit card sales of $100,000 would pay $10,000 per month.
Here's a breakdown of the repayment amounts for Business A and Business B:
As you can see, the repayment amount and time to repay the full amount vary significantly depending on your credit card sales.
Avoiding Defaults
Merchant cash advances can be a slippery slope, and once you're in, escaping becomes exponentially harder. You're playing a losing game of catch-up, bleeding out money every single day.
Defaulting on a merchant cash advance can be a nightmare that could destroy your business and personal finances in one fell swoop.
Trap Avoidance
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Merchant cash advances can quickly become financial suicide for small businesses, so it's essential to avoid them if possible.
The best advice is to exhaust every financing alternative before considering an MCA, as once you're in the debt trap, escaping becomes exponentially harder.
If you're struggling with sales and cash flow, look into lines of credit, traditional loans, investors, and other options before even thinking about an MCA.
Merchant cash advance companies are notoriously unhelpful, but they may be willing to restructure your deal if it means they'll continue getting paid.
You can try to negotiate a short forbearance period or use the reconciliation provision in your MCA contract to restructure your payments.
Renegotiating or consolidating your MCA payments into a longer-term loan with better rates is also an option, but it's not pretty and may not be the best solution.
Debt settlement is another option, but it'll nuke your credit and you should be cautious of shady settlement firms.
Bankruptcy may be your only option in the darkest cases, but if you signed a personal guarantee, it may not even discharge the MCA debt, leaving you personally on the hook.
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A Cautionary Tale: Avoid the Trap
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Merchant cash advances (MCAs) can be a slippery slope for small businesses. In fact, defaulting on an MCA can lead to a nightmare of consequences, including immediate vulnerability to the lender, who can then pursue you and your business aggressively.
MCA lenders can quickly file a collection lawsuit, freeze your business's bank accounts, seize property, vehicles, or assets, divert income to themselves with a UCC lien, contact your customers, and even come after your personal finances and assets.
The consequences of defaulting on an MCA are significant for any business. In most cases, when a business defaults on an MCA, the contract states that the lender can immediately begin to pursue collection efforts, which can include hiring collection agencies or taking legal action to enforce repayment.
If your MCA lender has a Confession of Judgment (CoJ), Cognovit Note, or Agreed Judgment (AJ), they are likely to move quickly against you. These documents can be used to quickly seize bank accounts and other assets.
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Defaulting on a merchant cash advance is usually considered a breach of contract, which can lead to heightened collection efforts, legal action, personal financial risk, credit score impact, reputation damage, and renegotiation challenges.
To avoid this trap, it's essential to exhaust every financing alternative before considering an MCA. Lines of credit, traditional loans, investors, and other options should be explored first. Once you're in the MCA debt trap, escaping becomes exponentially harder.
Here are some potential lifelines to consider if you've already fallen into the trap:
- Renegotiate or consolidate your MCA payments to make them more manageable.
- Consider debt settlement, which may allow you to wipe the slate clean, but will likely damage your credit score.
- If all else fails, bankruptcy may be your only option, but be aware that it may not discharge personal guarantees, leaving you personally on the hook.
The Merchant Cash Advance Trap is a brutal reality check for businesses that have taken out MCAs. If you're struggling to make payments, contact the MCA company ASAP to see if they can restructure your deal. MCA contracts often contain a provision for reconciliation or readjustment, which can help you avoid defaulting on your payments.
Defaulting on a Loan
Defaulting on a merchant cash advance can have severe consequences. MCA lenders can be very aggressive in their collection efforts, and may even issue payment demands to the business's credit card processor or customers.
Defaulting on a merchant cash advance is usually considered a breach of contract, and can lead to heightened collection efforts. MCA providers may aggressively pursue collection efforts, including hiring collection agencies or taking legal action to enforce repayment.
The negative consequences of defaulting on a merchant cash advance can be far-reaching. Here are some potential outcomes:
- Heightened collection efforts
- Legal action, including potential judgment against the business and personal assets
- Personal financial risk, including potential impact on personal credit score and assets
- Reputation damage, including harm to the business's reputation with customers and suppliers
- Renegotiation challenges, including limited ability to negotiate favorable terms
Defaulting on a Loan
Defaulting on a loan can be a scary and overwhelming experience, especially if you're not aware of the potential consequences. MCA lenders are notorious for being aggressive in their collection efforts, and can quickly move to seize property, freeze bank accounts, and even contact your customers.
MCA lenders often use Confession of Judgment (CoJ) documents, which can be used to quickly seize assets, but these documents are not always as powerful as they seem. In some states, CoJs are even prohibited, but this doesn't mean that lenders can't use other tactics to collect on a debt.
Defaulting on a loan can have serious consequences for your business, including heightened collection efforts, legal action, and even personal financial risk. If you default on a merchant cash advance, for example, you could be personally liable for the debt, which can put your personal assets, including savings and property, at risk.
Here are some potential consequences of defaulting on a loan:
- Heightened collection efforts: MCA providers may aggressively pursue collection efforts to recover the owed amount.
- Legal action: If the MCA provider decides to take legal action and wins, they may obtain a judgment against the business (and possibly the business owner, if there was a personal guarantee).
- Personal financial risk: Many MCA agreements include a personal guarantee, which can put the owner's personal assets at risk.
- Credit score impact: Defaulting can still impact the business owner's personal credit score and the business's creditworthiness.
- Reputation damage: Legal battles and financial struggles can harm a business's reputation with customers, suppliers, and potential partners.
- Renegotiation challenges: Defaulting can limit a business's ability to negotiate favorable terms, leading to more stringent repayment conditions.
It's worth noting that some MCA lenders may be more willing to renegotiate the terms of repayment in cases of financial difficulty, but this is not always the case. In some situations, lenders may even try to freeze your bank account without a judgment, but this is not always legal.
Attempt to Settle
Attempting to settle a loan can be a viable option if you're struggling to make payments. You can negotiate with the lender to agree on a lump sum payment that is less than the total amount owed.
A debt settlement attorney can be a valuable asset in this process, as they have experience working with lenders and can navigate the complexities of the settlement process. They can also negotiate on your behalf to help you reach a settlement agreement.
Settling a loan typically involves working with a debt settlement attorney who has experience with the lender in question. This can help you avoid the stress and uncertainty of dealing with the lender directly.
Negotiating a lump sum payment can be a good option if you're facing financial difficulties. It's a chance to pay off the debt for less than the original amount owed.
For your interest: Merchant Cash Advance Attorney New York
UCC Attorney Assistance
If you're facing a UCC lien issue due to defaulting on a loan, a UCC attorney can be a valuable asset. They can help navigate the complexities of the settlement process.
A UCC lien can cause challenges for business owners, especially when it comes to borrowing money in the future. This is because a UCC lien is a public record of a debt, which can make it difficult to secure new loans.
If you took out a merchant cash advance (MCA) or other form of business financing, you might have a UCC lien on your business credit reports. In most cases, a UCC lien is common, but it can still cause problems.
A UCC attorney can help resolve UCC lien issues by negotiating with the lender and working with you to find a solution. They can also help you understand your options and make informed decisions.
Here are some ways a UCC attorney can assist your business:
- Help you understand the UCC lien process and your rights
- Negotiate with the lender to resolve the lien
- Work with you to develop a plan to pay off the debt
- Help you avoid further complications and financial strain
By hiring a UCC attorney, you can get professional guidance and support to help you resolve your UCC lien issue and get back on track with your business.
Loan Defaults and Bankruptcy
Defaulting on a merchant cash advance can have severe consequences, including the immediate vulnerability of your business to the lender. If you miss a payment, the lender can file a collection lawsuit, freeze your business's bank accounts, seize property, vehicles, or assets, divert income to them with a UCC lien, contact your customers, and come after your personal finances and assets.
The consequences of defaulting on an MCA are significant for any business. You could face heightened collection efforts, including hiring collection agencies or taking legal action to enforce repayment. A judgment against your business, and possibly your personal guarantee, can lead to bank account levies or seizure of assets to satisfy the debt.
In some cases, defaulting on an MCA can also trigger a personal guarantee, putting your personal assets, including savings and property, at risk. This can have a significant impact on your credit score and the business's creditworthiness, making it more challenging to secure financing in the future.
Here are some potential negative consequences of defaulting on a merchant cash advance:
- Heightened collection efforts
- Legal action and judgments
- Personal financial risk
- Credit score impact
- Reputation damage
- Renegotiation challenges
Bankruptcy may seem like a lifeline, but it's not always a straightforward solution. Most MCA agreements require a personal guarantee, which means you could still be personally liable for repaying the debt even if your business is discharged. This can lead to a jurisdictional battle between you and the MCA lender, with the lender potentially moving the case to a more favorable jurisdiction.
When Worlds Collide: Advances vs. Bankruptcy
Bankruptcy might seem like a lifeline for businesses drowning in merchant cash advance debt, but it's not a straightforward solution. In fact, the consequences of defaulting on an MCA can be devastating, even if you file for bankruptcy.
Most MCA agreements require a personal guarantee, which means the business owner is personally liable for repaying the debt if the business can't. This can put the owner's personal assets, including savings and property, at risk.
If you try to file for bankruptcy protection, you may find yourself stuck in a jurisdictional battle with the MCA lender. Many of these companies are based in New York, where state laws and legal precedents have tended to favor MCA issuers in bankruptcy proceedings.
The automatic stay created by bankruptcy can temporarily halt debt collection efforts, but it's not a guarantee. If the MCA lender has a confession of judgment or a cognovit note, they can still pursue collection efforts quickly.
Here are some potential consequences of defaulting on an MCA, even if you file for bankruptcy:
- Heightened collection efforts: MCA providers may aggressively pursue collection efforts to recover the owed amount.
- Legal action: If the MCA provider decides to take legal action and wins, they may obtain a judgment against the business (and possibly the business owner, if there was a personal guarantee).
- Personal financial risk: Many MCA agreements include a personal guarantee, which can put the owner's personal assets at risk.
- Credit score impact: Defaulting can still impact the business owner's personal credit score and the business's creditworthiness.
- Reputation damage: Legal battles and financial struggles can harm a business's reputation with customers, suppliers, and potential partners.
- Renegotiation challenges: Defaulting can limit a business's ability to negotiate favorable terms, leading to more stringent repayment conditions that further strain the business's finances.
Subchapter V for Loan Issues
Subchapter V is a game-changer for businesses dealing with loan issues, especially when it comes to MCA loans. It went into effect in 2020 as part of the Small Business Restructuring Act.
Businesses that qualify for Subchapter V can right-size debt in a streamlined way that often takes about 8 weeks from filing to Plan approval.
This streamlined process eliminates much of the cost and uncertainty of traditional Chapter 11.
One of the most significant advantages of Subchapter V is that it does not have an "absolute priority rule", so business owners can retain ownership and control regardless of how much unsecured debt the business can repay.
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Frequently Asked Questions
If you default on an MCA, the provider might take legal action against your business to recover the owed amount.
A lawsuit can result in the MCA company obtaining a judgment against you, which can then be used to request a court order to freeze your bank accounts as a means to secure repayment.
MCA activity isn't usually reported to the credit bureaus, but defaulting on an MCA can lead to negative consequences.
If the collections agency reports to credit bureaus, it could negatively impact your credit score.
Working with a reputable MCA attorney is advisable to ensure you reach a successful deal when negotiating MCA debt.
Frequently Asked Questions
Can a merchant cash advance company freeze your bank account?
Yes, a merchant cash advance company can freeze your bank account if a judgment is obtained against you, which can happen if you stop making payments. This can lead to serious financial complications and other legal issues.
Sources
- https://www.lanelaw.com/business-debt-relief/blog/what-happens-if-you-default-on-a-merchant-cash-advance
- https://www.debt-relief.federallawyers.com/what-happens-if-you-default-on-a-merchant-cash-advance/
- https://www.lendingtree.com/business/merchant-cash-advance/
- https://www.emerge.law/post/merchant-cash-advance-mca-loan-defaults-are-a-big-problem-for-small-business
- https://attorney-newyork.com/mca-debt/what-happens-if-i-default-on-a-merchant-cash-advance/
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