You can fight an MCA default. You can win. You can get rid of that UCC lien. I’ve helped businesses before, and I’ll help you now. A UCC lien isn’t forever. A UCC lien can be challenged—and it can be defeated.
Fixed Payments vs. True Receivables
Fixed daily payments? That’s a loan. Fixed payments go against what an MCA is supposed to be. An MCA attorney will win because they know the law. In Kapitus v. Suburban Waste, the court called it. The vague reconciliation clause, the fixed payments, the personal guarantee in bankruptcy—that made it a loan. That’s how we’ll win. Reconciliation, my friend, is supposed to adjust payments based on actual sales. When MCA lenders don’t adjust? That’s a loan. When MCA lenders don’t care about your cash flow? That’s a loan. In New York, under N.Y. Penal Law § 190.40, we’ll argue usury. That’s how we challenge these predatory agreements. That’s how we win.
Lack of Reconciliation
When there’s no reconciliation? When there’s no adjustment? When there’s no fairness? That’s a loan. And I’ll prove it again and again. A fixed daily payment doesn’t fit the structure of factoring. A fixed daily payment isn’t based on receivables. A fixed daily payment is a loan—plain and simple.
Bankruptcy Provisions
Bankruptcy recourse? When an MCA lender enforces a personal guarantee? That’s no sale of receivables. That’s no factoring. That’s a loan. And we’ve seen it before. We’ve won this before. We’ve argued this before, and we’ll win. Kapitus showed us how to fight, and we’ll fight hard. Partial wins are lifesaving. I’ve seen it; I’ve done it; I’ll do it again. We’ll argue Davis v. Richmond Capital, where fixed payments made the deal look like a loan. **We’ll argue it, and we’ll win.
Business Debt Relief
Business debt relief is possible. Business debt relief is real. Business debt relief is a lifeline, and it’s something we fight for, day after day. In California? We’ve argued under Cal. Civ. Code § 1916-2. We’ve shown that these agreements were usurious, that they were loans, that they weren’t what the lenders claimed. And we won. When I look at an MCA contract? I look for the flaws. I look for the fixed payments. I look for the lack of reconciliation. And I find them. Usury is the key. Usury makes the contract void. Usury makes the lender’s lien vulnerable. Usury is the weapon we use, and it works. It works again and again.
Challenging Fixed Payments and Reconciliation Clauses
Illinois law is another tool. Under Illinois Interest Act (815 ILCS 205/), interest rates matter. We’ll prove they went too far. We’ll prove the contract’s void. We’ll win in Illinois, too. Why do MCA lenders settle? Why do they back off? Because they know the courts will see through them. They know that we’ll argue precedent. They know that we’ll win. In Florida, it’s Fla. Stat. § 687.071. Criminal usury. Criminal interest rates. We argue that the rates they charge are illegal—and the courts listen. And we win.
Legal Precedents
Precedents matter. Precedents give us the path. Precedents give us the power. Precedents, like Kapitus, like Davis, they let us win, again and again. MCA lenders will lose. MCA lenders will settle. MCA lenders will fold—because they know the law isn’t on their side. And your attorney? Your attorney will win. How do we win? We look at reconciliation. We look at payments. We look at bankruptcy recourse. And when it looks like a loan? We win.
Partial Wins and Survival
When you win in MCA defense, it’s about survival. We’ll argue usury in New Jersey, under N.J. Stat. § 2C:21-19. It’s not just a legal argument. It’s a lifeline. It’s how we save businesses. I’ve seen businesses that were buried under MCA liens get back on their feet. I’ve seen businesses that were drowning find a way to breathe. I’ve helped them. And I’ll help you, too. I’ll help you fight back. I’ll help you challenge that UCC lien. I’ll help you win—even if it’s a partial win, it’s still a win.
Final Thoughts
We challenge fixed payments. We challenge it all, and we win. Again and again. Partial wins matter. Partial wins save businesses. Partial wins give you the breathing room to survive. And I’ll argue for every inch, every dollar, every chance to keep you afloat. How do you get rid of a UCC lien? You hire an MCA attorney. You challenge the contract. You fight the lien. And you win.