You stopped paying. Or you are about to. Maybe the account is already frozen, maybe the default letters are stacking up, maybe three different funders are debiting the same account every morning and the math stopped working weeks ago. Default is not the end of your business — but the next 72 hours decide whether it becomes a managed exit or a cascade. This is the triage manual: what happens next, what to do first, and how to choose who helps you.
What happens after you default: the timeline
Days 1–7: missed debits and default letters. Failed debits trigger default notices under your agreements. Funders call, email, and demand cure payments. Your account is still yours — but every agreement you signed likely gives funders ACH access, and repeated debit attempts can drain operating cash.
Days 7–30: ACH sweep risk and COJ filings. This is the dangerous window. A funder with a confession of judgment (COJ) can file it with a court and obtain a judgment without a lawsuit or hearing, then move against your bank account. A freeze can land with no warning. UCC liens filed when you took the advances give funders a claim on business assets and receivables.
Month 2 and beyond: lawsuits, UCC enforcement, personal-guarantee exposure. Funders that have not settled may sue, enforce UCC liens against equipment or receivables, or pursue personal guarantees. This phase is slower than the first month but more expensive — and it is also when settlement often becomes most realistic, because litigation costs funders money too.
One honest note on consolidation: once you have defaulted, traditional consolidation is usually off the table. A new lender will not refinance defaulted advances at a lower payment — the default is the reason. The math that matters now is different: what you can settle for, what an attorney can defend, or what a restructuring can preserve. Anyone promising you a post-default consolidation loan is selling you a new advance, not an exit.
Your 72-hour playbook, in order
Step 1: Secure operating cash flow. Open a separate operating account at a different bank, one no funder has ACH access to, and route new revenue there. This is not hiding money — it is keeping the business alive so you can pay staff, rent, and suppliers while the MCA situation is resolved. Consult an attorney promptly about the specifics in your state, because moving funds after a judgment or freeze has different rules than moving them before one.
Step 2: Inventory every advance. For each funder, write down: the funder name, original advance, remaining balance, daily or weekly payment, whether the agreement has a COJ clause, whether a UCC lien was filed, and whether you have received any default notice or legal filing. A global resolution is impossible without this inventory — and any firm that offers you a plan before asking for it is guessing.
Step 3: Do not take another advance. A new advance to cover defaulted ones stacks a fresh daily debit on top of the crisis and signals to every funder that the business will keep borrowing to stay current. It is the single fastest way to turn a resolvable default into an unresolvable one.
Step 4: Document everything. Save every agreement, every default letter, every email and call log, every bank statement showing debits. Screenshot the debit attempts. If a COJ is filed or an account is frozen, the documentation you kept this week is what your attorney works with next week.
Step 5: Get representation before you talk to funders. Do not negotiate settlement directly while funders hold COJ and UCC leverage and you hold none. An attorney or a reputable restructuring firm negotiates from a position you cannot create alone — and, critically, knows what a release must say so that a settled funder cannot come back for the same balance later.
Your 3 real paths now, ranked
| Path | What it costs | Timeline | Credit & legal impact | Best for |
|---|---|---|---|---|
| Negotiated global settlement | Settlement payments plus a firm fee; less than full balances if successful | Weeks to months, all funders together | Settled accounts; credit damage from default remains but stops growing | Multiple funders, business still viable, lump sum or short plan available |
| MCA defense attorney | Retainer or hourly fees; no settlement-firm percentage | Months; litigation pace where filings exist | Strongest legal protection; can vacate defective COJs | COJ filed, account frozen, sued, or personal guarantee threatened |
| Restructuring consultant | Project fee; may include negotiated settlements | Months; business continues operating | Balance-sheet fix; credit impact varies by structure | Viable business, broken balance sheet, operations worth preserving |
Most borrowers need a combination: an attorney for the filings and a settlement track for the balances, or a restructuring that includes both. The wrong choice is picking a path by advertisement. The right choice follows from your inventory: COJ filed or account frozen means attorney first; no filings and a viable business means settlement or restructuring first.
How to vet any "MCA help" company: 7 questions
- Do you charge upfront fees, and what exactly do they cover? (Upfront retainers from non-law-firms are a red flag.)
- Do you handle litigation defense if a funder sues mid-program — or do you step aside when it gets hard?
- Can you show me real, verifiable results — redacted settlement letters, not testimonials?
- Who actually negotiates with my funders — your staff, or an attorney in your network?
- What happens if a funder sues or freezes my account while I am in your program?
- Will every agreement, fee, and settlement term be in writing before I pay anything?
- What is your plan for all of my funders together — not just the loudest one?
If a company cannot answer all seven clearly, keep looking. The MCA-help industry has genuine professionals and aggressive lead generators in equal measure, and the difference is almost always visible in these answers.
Red flags
- Guaranteed percentage-off claims. No one can guarantee a settlement outcome before reviewing your agreements. A guaranteed discount is a sales line.
- "Stop paying" advice with no litigation plan. A payment stop without representation and protected operating cash invites COJ filings and freezes.
- Upfront retainers from non-law-firms. Paying thousands before any work is done, to a company with no legal standing to defend you, is the most common regret in this industry.
- Pressure to sign today. Urgency is real in default — but a legitimate firm lets you review terms overnight. A firm that will not is not on your side.
- Settling one funder while ignoring the rest. Paying the loudest funder first leaves the quiet ones free to file. Global or nothing.
And if you are not yet in default — if the debits are crushing but current — you have more options than this page covers. Our MCA debt-relief options guide covers the pre-default exits, from refinance to reverse consolidation, before the 72-hour clock starts. This page is for after it has.
Frequently asked questions
Can MCA companies freeze my bank account?
A funder generally cannot freeze your account on its own — a freeze usually follows a court order, most often through a confession of judgment (COJ) filed in court. That is why the COJ clause in your agreement matters so much, and why the first step in this playbook is protecting operating cash before a filing happens. If your account is already frozen, you need an attorney immediately, not a settlement company.
What is a confession of judgment?
A confession of judgment is a clause in some MCA agreements that lets the funder obtain a court judgment against you without a lawsuit or a hearing, by filing the signed confession with the court. It is one of the most consequential clauses a business owner can sign, it is restricted or unenforceable in some states, and challenging a defective COJ filing is one of the main things an MCA defense attorney does.
Can I settle multiple MCAs at once?
Yes — that is the point of a global settlement: one negotiation that resolves all funders together, rather than settling with the loudest funder first and leaving the rest to sue. A global settlement requires a full inventory of every advance, its balance, and its COJ and UCC status, and it usually requires representation, because funders negotiate differently when they know the other funders are at the same table.
How much does MCA settlement cost?
It varies widely by path. A settlement firm typically charges a fee on top of the settlement payments; a defense attorney typically charges a retainer or hourly fees; a restructuring consultant charges a project fee. Any firm that quotes you a fixed outcome — a guaranteed discount, a guaranteed timeline — before reviewing your agreements is selling, not advising. Get the fee structure and the scope in writing before you pay anything.
Will I be sued after defaulting on an MCA?
It is possible, and the risk rises with the balance, the funder, and whether a COJ is on file. Some funders sue quickly; others negotiate for months. A lawsuit is not the end of the process — it is often the moment settlement becomes most realistic, because litigation costs the funder money too. If you are sued, do not ignore it: deadlines in a lawsuit are short, and an attorney can answer and defend where a business owner alone usually cannot.
Can I get funding again after an MCA default?
Eventually, yes — but not immediately, and not on the same terms. Lenders will ask what happened, what you settled, and what changed in the business. A documented settlement with releases, a period of clean bank statements, and a viable business are the path back. Taking a new advance to pay off defaulted ones, before the old ones are resolved, almost always makes the next default worse.
Should I stop paying my MCAs to force a settlement?
Not on your own and not without a plan. Stopping payments triggers default provisions, COJ filings, and bank-account actions, and it hands funders the litigation leverage. Settlement professionals and attorneys sometimes advise a structured pause as part of a negotiated strategy — with representation in place and operating cash protected first. An unplanned payment stop with no representation is the single most common way a bad situation becomes a frozen account.
Defaulted? Get triage before you sign anything else
Talk to us before you sign anything a funder or a help company puts in front of you. We will tell you straight whether we can help or whether you need an attorney — free, no obligation, and never a new advance to cover old ones.
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