In This Article
- 1.1. The Confession of Judgment (COJ)
- 2.2. Temporary Restraining Orders (TROs)
- 3.3. Bank Levies via Judgment Enforcement
- 4.4. UCC Lien Enforcement and Payment Intercepts
- 5.5. ACH Debit Abuse
- 6.6. Fraudulent Transfer Claims
- 7.7. Cross-Default Provisions
- 8.8. Receiver Appointments
- 9.What you need to understand about all 8 of these
You think your bank account is yours. It's not. Not when you owe an MCA company money and they decide they want it back — all of it, right now.
Short answer: MCA lenders have at least 8 different legal and quasi-legal methods to freeze, drain, or redirect money out of your business and personal bank accounts. Some of them take less than 24 hours. Most business owners don't find out until they try to run payroll, or swipe their card at a gas station, and it gets declined.
Here's how they do it, what each one looks like, and what you can actually do about it.
11. The Confession of Judgment (COJ)
This is the nuclear option, and it's in almost every MCA agreement you've ever signed. A confession of judgment is exactly what it sounds like — you confessed to owing the money before you ever defaulted. You signed it on page 12 of that contract you didn't read.
Here's how it works: the MCA lender takes your signed COJ to a court (usually in New York, regardless of where your business is), and a judge enters a judgment against you without a hearing, without notice, without you even knowing it happened. Then they use that judgment to freeze your bank accounts.
You wake up one morning and your accounts are locked. No warning. No phone call. That's the COJ.
Now — some states have banned COJs. New York restricted them in 2019. But plenty of MCA companies still use them, and plenty of courts still enforce them. If your agreement was signed before the ban, or if the lender filed in a jurisdiction that doesn't care, you're exposed.
22. Temporary Restraining Orders (TROs)
This one is fast. Extremely fast. An MCA lender's attorney files an emergency motion with the court arguing that you're about to move money, hide assets, or dissipate funds. The court grants a temporary restraining order that freezes your accounts — sometimes the same day.
You don't get advance notice. That's the whole point of a TRO, the lender argues there's an emergency, that if they tell you first you'll drain the account. So the court freezes everything first, asks questions later.
And "everything" means everything. Business checking. Business savings. Personal accounts if you personally guaranteed the MCA (you did). Joint accounts with your spouse. All of it, frozen, within hours.
33. Bank Levies via Judgment Enforcement
If the MCA company already has a judgment against you — whether through a COJ, a lawsuit you lost, or a default judgment you never responded to — they can issue a bank levy. This isn't a freeze. This is a withdrawal.
The sheriff or marshal serves your bank with the levy, and the bank is legally required to hand over whatever's in the account, up to the judgment amount. Your bank doesn't call you first. They can't. They comply with the court order, and you find out after.
One judgment can hit multiple accounts at the same time. Business and personal. If your name is on it, it's fair game.
44. UCC Lien Enforcement and Payment Intercepts
When you took the MCA, the lender filed a UCC-1 financing statement against your business. That gives them a security interest in your receivables — your future revenue, your accounts receivable, your credit card processing.
At default, they activate that lien. They send notices to your credit card processor (Square, Stripe, Clover — doesn't matter), your customers who pay on invoice, and anyone else who owes your business money. The notice says: stop paying the business, start paying us.
This doesn't technically freeze your bank account. It does something worse. It stops money from ever getting there. Your processor holds funds. Your customers redirect payments. Your account balance drops to zero not because it was frozen but because nothing new is coming in.
Same result. Different mechanism.
55. ACH Debit Abuse
This one isn't a legal freeze, this is a mechanical one. The MCA company has your bank account and routing number (you gave it to them). When you default, or when they think you're about to, they start pulling money aggressively.
Multiple ACH debits in a single day. Debits for amounts higher than your agreed daily payment. Debits that overdraft your account deliberately, triggering NSF fees from your bank and returned payment fees from the lender. Each failed attempt costs you $25-$50, sometimes more.
After enough NSF hits, your bank may freeze the account themselves — not because the MCA lender asked, but because your account is now a liability. The bank doesn't want the headache. So they restrict it, or close it outright.
The MCA company didn't freeze your account. They caused your bank to freeze your account. And that distinction doesn't help you when you can't make payroll.
66. Fraudulent Transfer Claims
This is the trap door. If you moved money out of your business account before or during default — paid yourself a bonus, transferred funds to a family member, moved money to a new account the lender doesn't know about — the MCA company can file a fraudulent transfer claim.
They don't have to prove you intended to defraud them. They just have to show you moved assets while you were insolvent or undercapitalized. That's a low bar when you're already behind on MCA payments.
A fraudulent transfer claim lets them go after whoever received the money. Your spouse's account. Your partner's account. A vendor you prepaid. The court can freeze those accounts too, and claw the money back.
You thought you were being smart by moving the money. You were creating a paper trail that makes the lender's case easier.
77. Cross-Default Provisions
You have three MCAs. You default on one. The other two freeze your accounts.
That's the cross-default clause. It says that a default under any financing agreement constitutes a default under this financing agreement. So when funder A files their action and you think you're still current with funder B and funder C — you're not. You defaulted on all of them simultaneously.
Now you have three lenders, three sets of attorneys, three potential TROs, three bank levies, all hitting at the same time. Your accounts don't just get frozen once. They get frozen in layers.
Most business owners who stacked MCAs don't even know this clause exists until it activates.
88. Receiver Appointments
This is the one nobody sees coming. The MCA lender petitions the court to appoint a receiver — a third party who takes control of your business's finances. Not a suggestion. Not a mediator. A person the court authorizes to walk into your business, access your accounts, collect your receivables, and distribute the money to creditors.
A receiver can freeze every account your business has. They can redirect your deposits. They can contact your customers directly and tell them to pay the receiver instead of you. In some cases they can sell your assets.
You're still the owner of your business. Technically. But someone else is controlling the money. And the receiver's fees? Those come out of your revenue too.
9What you need to understand about all 8 of these
They can be combined. An aggressive MCA lender won't pick one. They'll file a COJ and a TRO and activate the UCC lien and appoint a receiver. All at the same time. The goal isn't to collect from you gradually. The goal is to lock you down completely so you have no choice but to settle on their terms.
And the timeline isn't weeks. It's days. Sometimes hours. The legal infrastructure for MCA enforcement was built to move fast, and it does.
If you're behind on payments, or you're thinking about defaulting, or you already have — the worst thing you can do is nothing. The second worst thing you can do is move money around and hope they don't notice. They will notice. They have your bank statements. They know exactly where the money is, and they have the legal tools to take it.