Let’s talk about UCC liens after defaulting on a Merchant Cash Advance (MCA) and how attorneys will win. I’ve seen it all—the predatory nature of MCAs, the damage to businesses, the fear of drowning in debt—but I’ve also seen how skilled attorneys can turn the tide. Here’s how attorneys make sure they win.
Why We Win
Why do we win? Because the game is rigged, but we know how to unrig it. We’ve seen it all before. We’ve been here before. We’ve seen the exact same flaws—the vague reconciliation clauses, the fixed payments, the recourse in bankruptcy. And when we see those flaws, we attack. Kapitus Servicing v. Suburban Waste Services, Inc. (2024 NY Slip Op 33511(U)): this case shows us exactly how to win. The court tore into vague reconciliation provisions. There was no clarity. Without clarity, the contract isn’t factoring—it’s a loan. And that’s where we win. When an agreement has fixed payments, it’s a loan. When it has fixed payments, it’s not factoring. When it has fixed payments, it’s a sign of predatory lending. We’ve seen it before. We’ve fought it before. And every time, we fight it again—we win. Recourse in bankruptcy? A clear sign of a loan. A clear sign of predatory tactics. A clear sign that the MCA is disguising its true intent. Factoring involves risk. Loans—do not. When there’s no risk, it’s a loan. And we win.
Winning, Even With Partial Victories
Even if we don’t win the whole thing, we win something. Even if we don’t erase the debt, we reduce it. Even if we don’t eliminate the lien, we cut it down. Partial victories matter because a partial victory is still a victory. Every inch counts. Every step forward matters. Business debt relief isn’t a dream—it’s real. Debt relief isn’t a hope—it’s possible. Debt relief isn’t a fantasy—it happens. And with the right attorney, it happens to you. You get relief. You get a chance to breathe. You get to fight back.
State Laws and Precedents
New York law (General Obligations Law §5-501): strict limits on interest rates. And when MCA lenders cross that line? It’s usury. It’s illegal. It’s predatory. We use that law to push back—to win. California’s Constitution (Article XV, Section 1): caps interest rates at 10%. So many MCAs go beyond that limit. When they do, they’re breaking the law. When they do, we pounce. When they do, we win. LG Funding, LLC v. United Senior Properties: a case that focused on reconciliation provisions. Vague provisions equal trouble for MCA lenders. When the contract doesn’t explain how reconciliation works, it’s not factoring—it’s a loan. And when it’s a loan, we win. We win because the contract’s flawed. We win because the law is on our side. We win because MCAs are deceptive. You know it, I know it, and the courts know it. And when the courts know it, they rule in our favor. Every time. Precedent matters. LG Funding, Richmond Capital Group, Kapitus—these cases all say the same thing: MCAs aren’t above the law. When they act like lenders, they get treated like lenders. And when they get treated like lenders, they lose.
Defense Strategies
Let’s talk defense strategies. When I look at an MCA contract, I’m not just reading it—I’m dissecting it. I’m pulling it apart, word by word, clause by clause. I’m looking for errors. I’m looking for loopholes. And when I find them, I use them to win. We win by challenging the UCC filing. If the filing isn’t perfect, it’s void. If it’s void, the lien falls apart. If the lien falls apart, the debt crumbles. And if the debt crumbles, we win. We win by questioning interest rates. When MCAs disguise interest as “fees,” they’re playing a dangerous game. And in states like California, with strict usury laws, that game is illegal. And when it’s illegal, we win. MCAs pretend to sell receivables—but when there’s recourse in bankruptcy, we know better. They’re lending. They’re predatory. They’re loan sharks. And when they act like loan sharks, they get treated like loan sharks. We shut them down. We win.
Bankruptcy and Winning
Bankruptcy recourse = loan. You see that clause in an MCA contract? It’s a red flag. It’s the lender trying to have their cake and eat it too. They want no risk. But factoring involves risk. And when they take no risk, they take on the loan label. We win. I’ve seen so many businesses saved by these fights. I’ve seen homes saved, livelihoods saved, lives rebuilt. We don’t just win cases—we save people. We save businesses. And that’s why I do this. Every case matters. Every fight matters. A UCC lien can feel like the end. But it’s not the end. Not with the right attorney. Not with the right strategy. You fight back. You dig in. You challenge every word in that contract. And you win. Even if it’s a partial win—you win.
Laws and Success
State laws vary, but the result is the same. Whether it’s New York’s strict rules on loans, California’s usury limits, or Florida’s Commercial Finance Statutes, attorneys know how to use the law. And the law is how we win. Every crack in an MCA contract is a crack we use to dismantle it. Every loophole is a chance to weaken their claim. Every vague clause is an opening to push back. And when we push back hard enough? They lose. We win. Business owners win.
Real Stories and Winning
Let’s talk real stories. John thought he’d lose his business to an MCA lien. But we fought back. We questioned the interest rates. We challenged the UCC filing. We negotiated the debt down. John’s business is still running. That’s a win. Sarah faced a massive MCA debt, and she thought bankruptcy was her only option. But we found errors in the contract. We cut the debt by 60%. We saved her home. She’s still in business today. That’s a win. I fight these cases because I’ve seen the damage MCAs do. I fight these cases because I’ve seen the hope that comes from winning—even if it’s just a partial win. Every win matters. Every business saved matters.
Conclusion
When you’re facing a UCC lien, the key is finding the flaws. MCAs don’t play fair, but neither do we. We exploit every flaw. We dig into every loophole. We analyze every clause. And when we find their mistakes, we win. Every. Single. Time. MCA defense lawyers know how to use the law to win. They know the tricks MCAs use. They know the predatory tactics. And they know how to tear those contracts apart. That’s why they win. The fight isn’t easy, but it’s worth it. Every business saved is a victory. Every lien removed is a win. Every debt reduced is a step toward freedom. And when we fight together, we win together. So if you’re struggling under a UCC lien after an MCA default, don’t give up. Get the right attorney. Fight back. Know the law. And remember—partial victories are still victories. Every inch counts. Every win matters.