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Guide

What actually happens on an MCA debt consultation call

What an MCA debt consultation covers, the questions you will be asked, what documents help, and the things nobody can honestly tell you on a first call.

First American Debt Help

You have the number written on a sticky note. You have had it for two weeks. The reason you have not dialed it is that you do not know what you are walking into, and you have had enough surprises this quarter.

Here is what the call is, in plain terms, so it stops being a mystery.

What a first call is actually for

An MCA debt consultation is a triage call. Two things get decided: whether your situation is something this kind of help can fix, and which direction fits, restructuring the payments or negotiating the balances.

It is not a sales pitch that ends in a signature. It is also not free legal advice. It is a structured intake, and the quality of it depends almost entirely on how honest the numbers are.

The questions you should expect

Your advance stack

How many merchant cash advances are open, who holds each one, when each one funded, what the original amount was, and roughly what is left. If you have four positions and only remember three, say so. Missing positions are common and they surface in the bank statements anyway.

What is coming out of the account

The daily or weekly debit amount for each position, added up. This is the number that matters most. A business pulling $1,900 a day across three advances is losing roughly $9,500 a week before it pays a single vendor.

What your deposits look like

Monthly revenue, how it arrives, and how much of it runs through a card processor versus checks and ACH. Sales-based advances key off deposits, so the deposit pattern shapes every option on the table.

What has already gone wrong

Missed debits, returned items, a funder that has called, a UCC notice, a letter from a collection firm, a summons. There is no version of this call where hiding a lawsuit helps you.

What you are trying to protect

Payroll, a lease, a truck, a license, a specific customer relationship. Priorities change the recommendation. A shop that can survive a slower revenue month is in a different position than one that has to make payroll Friday.

What is being worked out while you talk

On the other side of the call, someone is doing arithmetic. Total daily debits against average daily deposits, to see whether the business is technically underwater on cash flow. Position order, because first position and fourth position have very different negotiating dynamics. Whether the contracts include a reconciliation clause, a confession of judgment, or an arbitration provision. Which funders in your stack have a history of negotiating and which go straight to filing.

That is the real product of the call. Not a quote, a map.

Some of it is simple arithmetic you can do yourself beforehand. A shop depositing $180,000 a month while $41,000 leaves in advance debits is running those positions at about 23 percent of everything it collects. Under 10 percent is manageable. Past 20 percent, the business is paying the advances out of money already promised to someone else.

What the reviewer is looking for in each document

If you send paperwork, nobody is skimming it for the balance. Each document answers a different question.

The advance agreements

First, whether the payment is written as a fixed daily amount or as a percentage of receipts. That wording decides whether a reconciliation right exists at all.

Then the reconciliation paragraph itself, including its deadline and the delivery method a request has to use.

Then the definition of default. In many agreements it turns on a count of returned payments inside a rolling window rather than on a dollar figure, which is why five thin days can matter more than one large miss.

Then governing law, venue, and whether an arbitration clause quietly overrides both.

Then the personal guaranty, and whether it reaches payment of the balance or only your conduct, such as not diverting card receipts to a new account.

Your bank statements

The real debit total, funder by funder. It is routinely higher than the figure owners quote from memory, because a renewal or a small fourth position gets forgotten.

Also the posting order, the count of returned items and the fees attached to them, and whether deposits have started moving to a second account. That last one changes the picture for everyone involved and is better raised by you than discovered.

Filings under Article 9 of the Uniform Commercial Code sit in your Secretary of State's index, and anyone can pull them. They show every position claimed against your receivables, including the ones nobody remembers signing. Brokers sometimes place a deal with a funder you never spoke to, and the filing is the record of it.

What nobody can honestly tell you on that first call

Be suspicious of certainty. A first conversation cannot produce:

  • The exact amount a funder will accept. Historical MCA negotiations have often landed in the range of 40 to 60 cents on the dollar, but that is a description of past outcomes across many files, not a projection for yours.
  • A finish date. Timelines depend on how quickly funders respond and whether litigation is already in motion.
  • Whether a specific lawsuit will be dismissed. That is a question for licensed defense counsel after reading the filing.
  • What your bank will do. Banks make their own decisions about accounts and holds.

A consultation that hands you all four answers in 20 minutes is selling, not evaluating.

What you should walk away with

Before you hang up, you should have:

  1. A plain description of which path fits, and why the other one does not.
  2. The rough shape of the timeline, stated as a range with the parts that are outside anyone's control named.
  3. The fee structure, in words you can repeat to your accountant. If it is a percentage, a percentage of what.
  4. What happens to your daily debits during the process, and what the risks of that are.
  5. A written summary. Verbal terms are how people end up surprised.

Questions worth asking them

The call goes better when it runs both directions. Five that produce useful answers:

  1. Who contacts my funders, in what order, and what is said in that first contact?
  2. If a funder sues while the program is running, who defends it and who pays for that?
  3. Does anything being negotiated touch my personal guaranty, or only the business obligation?
  4. What do you need from me each month, and how much of my time is that?
  5. Who else sees my bank statements, and what happens to my file if I leave?

Note the answers. Two weeks later, when a second company gives you different ones, the comparison is the useful part.

Warning signs during the call itself

Some things should end the conversation:

  • Pressure to sign today because a rate or a slot expires.
  • A promise about a specific outcome or a specific number before any funder has been contacted.
  • A request for a large fee before any work has been done. Federal rules covering telemarketed debt relief, at 16 CFR 310.4(a)(5), bar collecting fees before at least one debt has actually been renegotiated and the customer has made a payment under the new arrangement. That standard is worth holding a commercial provider to.
  • Vagueness about who handles the legal side. Debt settlement companies are not law firms. If you are being sued, ask directly how defense counsel gets involved and who pays for it.
  • Advice to hide assets, move money to conceal it, or misstate revenue on an application. All of that makes your situation worse, not better.

After the call

If you move forward, the next few days usually involve sending contracts and statements, a closer read of the default and reconciliation language, and a decision about the order in which funders get contacted. If you do not move forward, you should still be leaving with a clearer picture of your own exposure than you had that morning.

Either outcome beats the sticky note.

A reasonable next step

Set aside 45 minutes and pull three things before you dial: your most recent advance agreement, your last two months of bank statements, and a scrap of paper with each funder's name and daily debit written down. That is enough to make the call useful. Everything else can follow.

Common questions

How long does a first MCA debt consultation take?

Plan on 30 to 45 minutes. If you have your advance agreements and a few months of bank statements in front of you, most of that time goes to reading your actual numbers instead of guessing at them.

Do I have to send documents before the call?

No. You can have a useful first conversation with rough numbers. But the advice gets much more specific once someone has read your contracts, because the reconciliation and default language varies a lot between funders.

Will I get a settlement number on the first call?

You should not. Nobody knows what a funder will accept before that funder has been contacted. A first call can give you a range based on past negotiations and an honest read on your leverage, and that is different from a number.

Does a consultation put my advances at risk?

Asking questions does not change your contracts or notify your funders. Nothing gets filed, sent, or negotiated until you sign something that says so.

This article is general information about merchant cash advance debt and is not legal advice. Every contract and every state is different. Talk to a licensed attorney about your specific situation.

Next step

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  • Nothing that touches your file
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