MCA Restructuring: 6 Requests a Funder May Grant Without a Settlement
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Finding yourself short of what you need to exit one Merchant Cash Advance, or credit product, or whatever you call it, does not have to leave you at the mercy of paying in full to get free. You can ask your funder to review your payments to actual sales, show willingness to lower the payment to accommodate a slower pace, or take a short pause if you are only in a temporary bind. You can also ask for your current payoff in writing, along with an itemized account history if there has ever been a mistake. Finally, get it all in writing and make sure the payoffs, satisfaction letter, and UCC lien terminations are real. No one can make the remaining balance disappear.
Restructuring varies your payment schedule without touching your balance, while a refinance actually replaces it with new financing. Settlement sets another price for an unpaid balance, and only when fulfilled. Before you call your funder, think hard: Are you chasing quick relief, a lower total, or only finishing? All three paths differ.
These contracts are often written as the purchase of future receivables, and how law treats them depends on how the contract is written. A New York trial court reviewed a 2017 case, K9 Bytes. The court weighed a contract’s payment reconciliation clauses, indefinite term, and bankruptcy recourse to decide if it was a loan.
If you actually are carrying burdens you cannot bear, the best thing you can do is take an inventory. Only after you list each cash advance together - balance, daily or weekly withdrawal, day of the week - can you know what cash actually remains for payroll, suppliers, and taxes. Gross revenue is not the same as affordability. Knowing what remains can inform what you ask for.
A missed or interrupted payment can bring collection or a lawsuit. No professional can guarantee one outcome. Whatever happens, keep every message, written or email.
Call Your Funder
Several agreements actually have a clause they call a reconciliation, or true-up. A reconciliation asks the funder to compare its received amounts to your actual sales. If you are seeking to lower these payments by first request, you can write or call, but it is smart to enclose a letter enclosing recent sales and bank records. Some funders, sadly, hate to honor them at all, even though the FTC actually flagged funders not honoring them. A true up clause and a funder honoring it are not the same. If you are carrying one, ask what process to use, what bank records to submit, and when any drop in payments starts.
Rescheduling - taking your unpaid balance and setting new payments - is a second request. A smaller payment, but for longer time, means you can hold on. Propose a figure your cashflow supports. Ask also if there are fees, whether the monthly or total cost changes, and any other effect.
If you owe $40,000, and make payments of $500 each business day, you may ask to restructure to $250 instead. It goes from 16 weeks to 32. Accepting a longer payment period, yes, means you pay it longer, but it also gives $250 per weekday more free right now. Your own math depends on what balances you have.
That example assumes no extra fee for the reschedule, and a lower payment means the same amount paid longer. Different deals differ. Only do it when you can actually make the new, lower number. Before you agree, ask yourself two last questions. Does it actually help you, and what does finishing actually cost in total?
Calling and asking to skip a few payments as a pause is a third possible request, but it is not a universal right, or automatic. Asking for it, also, is not skipping the payments, and it does not obligate the funder to say yes. If they agree, get your terms of the length, the final payoff, and any other conditions, in writing before you skip a single payment.
Request four: ask for an itemized account history. Call your funder and plainly ask for a written payoff that is current, true, and that reflects any right to an early payoff discount. Do not assume paying early always costs less. Ask plainly if there are fees or penalties, and what deadline you have to meet. A payoff quote is only as good as its due date.
Fifth request: a letter or email from each funder stating the new terms you agreed on, start date, and signature. Your broker can make proposals, but only the funder can agree. Keep a log which funders you called, who you spoke to, what terms you asked for, what they agreed to, when the new terms begin, and any other communications.
If you had multiple advances or loans with different funders, reaching terms with one does not resolve all your accounts. Know the terms of each, and which accepted a lower number and which did not.
Request six: get a written satisfaction letter on every account. Ask what the end date is for the final debit, too. Watch your bank account after the promised end date. The FTC alleged that lender Yellowstone Capital kept debiting borrowers even after they paid. They agreed to pay more than $9.8 million to settle.
Plainly said, lien removal is not automatic. Once nothing is secured, the funder must terminate their lien within 20 days once you ask in writing. Sold accounts are a trickier problem if any funders also hold them. They are not over until your customers have paid.
Call an Attorney at Once
None of these requests stops collection or extends a court deadline. Once served with papers, call an attorney at once. The same is true for account holds or freezes. Never confuse settling, or trying to, with court postponement.
Cancelling or blocking withdrawals does not cancel the debt. If you think a debit your bank completed is unauthorized or too large, tell both the bank and your attorney promptly. Since September 1, 2025, merchants with Texas street addresses are protected by House Bill 700: that in order to automatically debit merchant accounts, a provider must have a perfected first-priority security interest.
If you invoice customers, once any account gets notice it was assigned, customers can only pay the lender. Save any emails or letters they send. Ask an attorney early.
Settle the Debt at Less
If none of this solves it, a funder may agree to settle the debt at less. This, too, though, is never guaranteed. If you start that process, get a tax professional to explain the tax effects on your business. You may also want to talk to a licensed attorney about formal options like Chapter 11.
Use whatever breathing room you gain not to rest, but to plan for real cash. Though a smaller payment gives you more ready cash each week, using it to stack another MCA is only doing what caused the pressure. Do not wait until you are drowning to start swimming.
A Consultation Begins With the Documents
Delancey Street offers a free initial review. Your agreements, payment records, and any court papers establish what needs attention.
Speak With Delancey StreetEditorial Disclosure and Legal Disclaimer. This article provides general information, not legal, tax, or financial advice. Delancey Street is a featured debt settlement company, not a law firm. Legal representation requires a separate engagement with licensed counsel. Creditor participation, savings, timing, and eligibility are not guaranteed. Settlement can affect credit and may have tax consequences. A consultation does not suspend court deadlines or create an attorney-client relationship.