09/14/2026
When the ACH stops clearing, a New York contractor's MCA problem may reach far beyond the next payment.
It can affect the business's cash flow, UCC filings, personal guarantees, and potentially its ability to secure bonding for future projects.
Consider a common scenario.
A contractor takes merchant cash advances to bridge a gap between project payments. A draw is delayed, cash gets tight, and the ACH remittance fails.
Now the contractor is dealing with a default while trying to keep existing projects moving and qualify for the next one.
If UCC filings or stacked MCA obligations appear during a surety's financial review, they may affect the contractor's bonding capacity or underwriting.
But an MCA default does not necessarily mean every term or enforcement demand is beyond challenge.
Under New York cases, including LG Funding v. United Senior Properties, courts may examine whether an MCA functions as a true purchase of future receivables or should instead be treated as a loan.
The analysis can include whether the agreement provides meaningful reconciliation, has a finite term, and places genuine risk of nonpayment on the funder.
If the transaction is ultimately treated as a loan, New York usury law may become relevant depending on the facts and applicable law.
J. Singer Law Group's MCA defense team includes two former federal bankruptcy clerks and evaluates the MCA agreement, UCC filings, guarantees, enforcement activity, and the contractor's broader financial position.
For contractors, the goal is not simply to defend the default.
It is to protect the business that still needs to operate after it.
Call (917) 905-8280 if your business is facing an MCA default.
https://www.singerlawgroup.com/merchant-cash-advance-defense