What Happens If You Default on a Merchant Cash Advance
What Happens If You Default on a Merchant Cash Advance
Default does not start when you miss a payment. It starts when the funder decides to act on a missed payment. The sequence is predictable, and every step has a counter-move.
Day 0: Missed or bounced ACH
A single failed withdrawal usually triggers a "default fee" ($2,500–$10,000 depending on the contract) and a phone call. The file is flagged, but no legal action is taken yet.
Your move: call the funder before they call you. A single bounce can be cured with a one-time payment plus the fee. Silence is what escalates files.
Day 3–14: Collection calls and emails
The collections team will contact you, the personal guarantor, and sometimes other phone numbers on your application (including customer references).
Your move: engage representation. Once an attorney or restructuring firm is on the file, communication routes through them.
Day 7–30: UCC notification to processors
The funder may notify your credit card processor or bank to redirect deposits. This is contractually permitted in most MCA agreements.
Your move: anticipate this and pre-coordinate a banking change before you give the funder notice of distress.
Day 14–45: COJ filing or lawsuit
If a Confession of Judgment exists in the contract, this is when it gets filed. If not, the funder files a breach-of-contract lawsuit — typically in New York.
Your move: vacate the COJ if defects exist; respond to the lawsuit on time; open settlement talks in parallel.
Day 30–60: Account freeze / judgment enforcement
With judgment in hand, the funder can freeze accounts, levy receivables, and pursue the personal guarantor.
Your move: emergency motion practice combined with a settlement offer. Funders frequently release frozen accounts in exchange for an agreed payment plan.
The point
There is no point in the sequence where you are out of options — only points where the options get more expensive. Acting early is always cheaper than acting late.
Get a free case review before the next domino falls.
More in Legal
Confession of Judgment in MCA Contracts: How to Fight Back
A Confession of Judgment is the closest thing to a financial nuclear weapon in MCA contracts. Here is what it does and how owners fight it.
When You Need an MCA Lawyer (And When You Don't)
A good restructuring firm handles most MCA situations. The cases that legitimately need a lawyer share three clear signals.
