The Predatory Nature of Merchant Cash Advances
Merchant Cash Advances (MCAs) take your cash flow. They take your business. They take your peace. But you can fight back. You can win. I’ve saved businesses. I’ve saved jobs. I’ve saved futures. I’ve saved them from MCAs. These liens don’t win. I win because I know how.
Understanding UCC Liens and How We Win
When you’re staring at a UCC lien, it feels permanent. But it’s not permanent, and it’s not unbeatable. MCA attorneys know the law—and we win with the law. We win because we know the truth—MCA lenders don’t care about your business. They only care about their money. But you can take that control back.
Filing Errors and Loopholes MCA Attorneys Exploit
They slap a UCC lien on you, but they mess up. They don’t follow the law. That’s where we come in. That’s where we win. You know why we fight? Because we win.
Using State Laws to Your Advantage
I’ve used NY Gen. Oblig. Law § 5-501 to show their loans are illegal. In Florida, FL Stat § 687.071 crushes MCA lenders with one swing. We win.
Why Partial Wins Are Still Wins
Even partial victories are victories. Even a small reduction in payments—it’s all a win. Every win is survival. Every win is a chance to breathe.
The Impact of Partial Victories on Businesses
One client, small business, completely crushed under a UCC lien. We fought. We won. Didn’t get rid of the lien, but we cut payments by 50%. We won. And now that client is thriving because we fought back.
The Truth Behind MCA Agreements
MCAs pretend they’re selling your receivables, but they’re not. They’re loans because of fixed payments, and courts see that. Courts know the truth.
Case Study: Kapitus v. Suburban Waste Services
In Kapitus v. Suburban Waste Services, the court saw through their lies. Fixed payments? That’s a loan. No reconciliation? That’s a loan. No risk for the lender? That’s a loan disguised as something else. When the court sees it? You win.
Leveraging Precedent to Win MCA Cases
MCA attorneys use this. We use Kapitus, Davis, and others to show these agreements are loans. We win because we know.
The Importance of Reconciliation Clauses
Reconciliation—you know how a real factoring agreement lets you adjust based on actual sales? Well, MCAs don’t. They throw in unclear clauses, like in Kapitus, that make it impossible to adjust. That’s not factoring. That’s not a sale of receivables.
Recourse in Bankruptcy: Another Tactic to Fight MCA Lenders
Recourse in bankruptcy—MCAs don’t want risk. They don’t want loss. They don’t want to factor. They want control. If they can enforce personal guarantees even after bankruptcy, that’s a loan.
The Power of State-Specific Laws in MCA Defense
Every state has its own laws. In California, I’ve used CA Civ. Code § 1916-1 to slash liens in half. In New York, NY Gen. Oblig. Law § 5-501 comes in swinging. We win with the law.
Why MCA Lenders Fear the Law
When you use the right law, you win. MCAs fear the law. They fear exposure. They fear the truth. And we expose the truth in court every time.
Attacking Personal Guarantees in MCA Agreements
Personal guarantees—this is where we strike. If MCAs are so sure they’re buying receivables, why demand personal guarantees? Because it’s a loan. Factoring doesn’t need guarantees—loans do. Loans demand blood.
How Greed Becomes an MCA’s Weakness
They pretend to sell receivables, but they set fixed daily payments. Fixed payments? That’s a loan. End of story.
Case Study: Davis v. Richmond Capital
In Davis v. Richmond, the court ruled fixed payments weren’t factoring. Even if the debt wasn’t erased, the burden was lifted. The burden was cut. That’s a win.
Precedent as a Tool for MCA Defense Lawyers
Kapitus, Davis, LG Funding—these are our swords. They expose the lies, they show the truth, they crush the MCA’s claims. These cases are the playbook. They show the courts how these loans are designed to fail businesses.
Firsthand Experiences in Court
I’ve stood in courtrooms with MCA lawyers smirking, confident they’d win. They thought their contract was airtight. They thought wrong. I used Kapitus and Davis to show fixed payments—no matter what the contract says—equals loan. We won.
The Possibility of Business Debt Relief
Business debt relief is possible. Business debt relief is real. It starts by exposing the MCA contract for what it is—a predatory loan. It starts by fighting. It starts with the right attorney.
How Different States Provide Opportunities for Victory
I’ve fought and won in multiple states. In New York? We’ve used usury laws. In California? We’ve used civil code to tear down liens. Every law matters. Every case matters. Every victory is a chance to breathe again.
Final Thoughts on UCC Liens
If you’ve got a UCC lien hanging over you? Don’t give up. Don’t let go. Don’t quit. These MCAs aren’t invincible. They aren’t permanent. With the right defense, you can fight. With the right fight, you can win.
The Power of Fighting Back
I’ve saved businesses. I’ve saved jobs. I’ve saved futures. I’ve fought MCAs tooth and nail—and I’ve won. Even partial victories are victories. Every victory is survival. Every win is a breath. Every fight matters.
Remember: UCC Liens Are Not the End
Remember this—UCC liens are not the end. They’re a hurdle, yes, but not the end. With the right law, the right case, the right fight—you can win. You can win. You will win.
The Role of Precedents in Winning MCA Battles
Kapitus isn’t just a case. Davis isn’t just a precedent. LG Funding isn’t just a ruling. They’re roadmaps. They show how MCA attorneys dismantle these predators. They show how we win. They show how you can win.
Victory is Possible
It’s not over until you win. Fight. Push. Dig into the law. The law is on your side. And with the right fight, you will win.
