Welcome to Delancey Street. In this article we're going to talk about Los Angeles business debt settlement. We're going to skip the part where we explain what a merchant cash advance is. If you're reading this you already know. Here's the thing almost nobody in LA understands about that threat.
We're Delancey Street. We're a business debt settlement firm out of NYC, attorney-founded, and we work MCAs nationwide - California included. We've settled north of $100M.
Look at your agreement. Choice of law - New York. Forum - New York. It's extremely likely, if your contract is like most boilerplate MCA contracts, there's a confession of judgment buried in the docs you signed. Thankfully there's a way out.
New York amended CPLR § 3218 on August 30, 2019 - it prohibits the filing of a confession of judgment against anyone who doesn't reside in New York. So say you run your business in LA, that means you're immune from it. You're not a New York resident. A COJ filed against you in a New York court after that date? It's not valid. The funder knows this. A lot of merchants don't, which is exactly the information gap the threat depends on. But, many predatory MCA lenders will try to frighten you, and say the COJ is there, and it's valid. Or, they'll call it something else.
And now let's talk about California state - California banned judgments by confession outright effective January 1, 2023. Under CCP § 1132 a confession of judgment is unenforceable unless an attorney independently representing YOU signed a certificate saying they advised you to use it. Needless to say, this never happens. The whole point of a COJ was to skip the lawyer, but now, with this California regulation that's no longer possible. No attorney will recommend you sign the COJ - and if you sign it, at least you knew what you were doing when you signed it, so you're aware of it. So in California the instrument is basically dead on arrival.
What California specifically hands you
Two more things matter in California.
First, SB 1235. California was the first state to force MCA funders to give disclosures - APR equivalent, total cost, term, the works. This is mandatory since December 9, 2022 in order for the agreement to be valid. And as of January 1, 2026, SB 362 made it even tougher how funders use words like "rate" and "interest."
One of the things to think about when dealing with an MCA debt, that is now going to default, did your funder hand you a compliant disclosure before you signed? A lot didn't. Many of them use cookie cutter agreements for all 50 states, especially the lower quality, predatory lenders. That doesn't void the deal by itself - but it's a defense that can be pushed.
Second, the recharacterization argument, which California courts take seriously. MCAs are drafted as "purchases of future receivables" specifically to dodge usury caps. If the reconciliation provision is fake, if there's a fixed term, if you're on the hook even when the business genuinely fails - a court can decide it's a loan in disguise. When you took the MCA, the lender agreed to take a % of your revenue, in the form of a daily or weekly ACH. This payment represents a % of your daily sales. For example on the contract, you'll see the lender is withholding X percent of your daily receivables. It could be 5%, or 10%, or 15%. This is then represented as a fixed daily ACH amount $300, etc. Lenders do this, because they aren't taking a fixed loan repayment. The next thing to consider is what happens if your revenue goes down. Remember, this is a formula - which means they're taking a fixed %. If your revenue goes down, then the daily ACH/weekly ACH payment has to get adjusted. That's what makes this a % of your receivables as a flex payment. Often, many MCA lenders will refuse to honor this. They won't do it outright. They'll argue your revenue hasn't gone down. They'll also create issues when you try to ask for reconciliation, they'll create artificial delays, in order to make it so you default first. If you default first, technically, you've broken the agreement - not the lender. The objective of the lender is to NOT reconcile. If you default, they get to charge you punitive fees, like default fees, etc.
So what do you actually do
Stop going through informal channels, and having stopgap agreements. None of them are real. You want something in writing, that cements what's going to happen. If your revenue is actually going down, you should go through the reconciliation process in order to lower your daily ACH. This is a formal process, it requires you submitting bank statements, etc. If they refuse to honor your reconciliation process, now you're at a very difficult situation. If you default on the agreement, the lenders will start a few different processes: utilize the UCC liens, file lawsuits. When you took the MCA, they filed a UCC lien against your business with the state of California. When they utilize this successfully, they can send legal notices to your clients, and have them reroute all payments that were meant for you, to them (the lender). Alternatively, they can file a lawsuit against you. They are hoping you won't respond, and it'll become a default judgement.