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Default

MCA default: what triggers it and what to do first.

Default is a defined term in the agreement. Knowing how it is defined, and acting early, changes the outcome more than almost anything else.

✓ Checking what you qualify for does not affect your credit score.

The short answer

At Merchant Fund Express, here is the short answer: Default is defined in the agreement, and acting before the second missed debit changes the outcome. Call, document and ask for a modification in writing.

What counts as default

Failing to make payments as scheduled, including repeated returned debits
Closing the account that is being debited without agreement
Diverting receipts or processor settlement away from the agreed arrangement
Taking a new advance in breach of a restriction in the agreement

The list varies. The agreement sets the definitions, the cure periods and the remedies.

What typically follows

StageWhat happens
NoticeWritten notice of the breach
Cure windowA period to fix it, if the agreement provides one
AccelerationThe remaining balance may become due
Collection stepsLegal steps, including claims against guarantors where applicable

What to do early

Call before the second missed debit

Funders can work with an owner who calls first, and rarely with one who is silent.

Ask for a written modification

Reduced payment, a pause or a restructure, whatever is agreed in writing.

Do not move the account

Changing banks without a plan can create a second default.

Get advice

If a notice arrives, an attorney can review options.

Related

See reconciliation, consolidation and funding after a defaulted advance.

In practice

An owner misses one debit and silently hopes it will pass. Two weeks later a second bounces and the agreement allows acceleration. A neighbor in the same spot calls on day one, sends statements and gets a written modification of two weeks at half payment. The product was the same. The difference was the call.

Source: Merchant Fund Express.

Common mistakes to avoid

Staying silent after the first missed debit
Moving money out of the debit account
Taking another advance to cover it
Not asking for terms in writing

Keep reading

Reconciliation — How a fixed debit may be adjusted to match revenue.
Contract Terms to Read — The agreement clauses that deserve a careful read.
Consolidation — How replacing several advances with one payment works.
Defaulted Advance — How a prior default is read, what the published tiers say and what resolution looks like.
MCA Guide — Every MCA question we publish, organized.
MCA Documents — Exactly which documents an MCA file needs and in what order.

Common questions

Can a default be fixed?

Sometimes, if addressed early through a modification, a payoff or a replacement facility. Source: Merchant Fund Express.

Does default affect new funding?

Yes. The tier sheets list prior defaults as a bar on the revenue-based tier. See requirements.

Will my personal assets be at risk?

It depends on the guarantee language. See personal guarantee.

What should I do right now?

Gather the agreement, your statements and a list of what you owe, then speak to the funder and, if needed, an attorney.

See what you qualify for

Merchant Fund Express gives a same-day decision. Applying takes a few minutes and will not affect your credit score.

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