Are you worried about a UCC lien that was placed on your bank account because of a merchant cash advance (MCA)? We get it. You might feel overwhelmed, and you might be concerned about how to keep your business going.
We are DelanceyStreet.com, a top tier business debt relief company based in NYC, that helps business owner nationwide dealing with UCC liens, predatory MCA’s, or worse. We understand that a UCC lien can be scary. We also know that MCA lenders, who are trying to recoup their money, want to lock down your assets quickly. They’re happy to file a COJ, and seize your bank accounts if it boils down to it. They won’t lose any sleep. One of the first things they’ll do is file a UCC lien. This is something that most vendors don’t know anything about, and credit card processors don’t want to deal with – so they’ll instantly bow and surrender your money.
What is a UCC Lien and Why Does It Matter?
A UCC lien that was filed by your lender can freeze your bank account, which can result in serious financial problems. This can affect your ability to pay bills, purchase supplies, or make payroll. When a UCC filing shows up, it means that the lender has a secured interest in your business property. That can mean the lender, who gave you the merchant cash advance, has legal rights to your bank account or other assets if you default. If a credit card processor gets the UCC lien from the MCA lender, they will surrender your funds to the MCA lender.
Link to Government Info:
If you want to see how liens are governed, you can read more at the Uniform Commercial Code Article 9 website. You can also visit the Small Business Administration (SBA) for general help on managing small business debt.
Penalties and Possible Crimes
A lender that was granted legal rights to your assets may decide to block your bank account. This action can cause severe cash flow issues. If you, as a borrower, try to hide assets or move money fraudulently, you could face criminal penalties. That means you might be investigated by government agencies, and you could end up facing fines or worse.
A lender who was not following the proper rules might also be found guilty of unlawful practices. That can result in lawsuits, government fines, or even criminal charges in extreme cases. You can learn more about unfair lending practices at the Federal Trade Commission.
Merchant Cash Advance Lenders: The Other Perspective
Many MCA lenders, who provide quick funding, feel they need to secure collateral. They argue that the only way to protect themselves is to file a UCC lien. Regardless of how you feel, you should know that lenders want to be paid, and they often believe that a lien is necessary to safeguard their interests.
The Borrower’s View
Borrowers, who need immediate cash, might sign contracts that have hidden clauses. That can lead to unexpected liens on their bank accounts, which can threaten their business operations. If you fail to read your contract, you could face legal trouble and severe financial loss.
Strategies We Use to Defend You
We are DelanceyStreet.com. We fight. We protect. We help.
Below are a few strategies that we, who are experienced with MCA situations, can use to defend you:
- Negotiating the Debt: We talk to lenders who are owed money, and we explain your current financial challenges. This can result in a longer payment schedule, which can lower your monthly obligations.
- Challenging Invalid Filings: A UCC lien that was filed incorrectly may be unenforceable, which can lead to it being removed. That can lead to your business regaining access to funds.
- Examining Possible Illegalities: If a lender that was acting unfairly violated your rights, we can pursue legal action. This can result in the lender facing penalties, which can help you reach a more favorable settlement.
- Exploring Consolidation: We might help you get a business debt consolidation loan, which can pay off your MCA and remove the lien over time. This can result in one lower monthly payment.
WHAT HAPPENS IF YOU IGNORE A UCC LIEN?
A UCC lien that was ignored can lead to a bank account levy, which can stop your business from accessing funds. This can create missed payroll, which can cause employees to quit, and that can harm your reputation. Once your reputation is harmed, it can become much harder for you to secure future financing.
Possible Civil and Criminal Punishments
Ignoring a lien that was lawfully filed may cause lenders to pursue lawsuits. These lawsuits might involve default judgments, which can result in wage garnishments or forced asset sales. In extreme cases, if fraud is found, you could face criminal charges, which can lead to fines or jail time.
Proactive Steps: Minimizing the Damage
- Review Your Documents: Check every contract that was signed with the MCA lender. Understanding your obligations can help you plan a defense.
- Monitor Your Bank Account: If you see a freeze, you should contact your bank and us immediately, which can help prevent further losses.
- Stay Transparent: If you hide money or fail to respond to court notices, you can face contempt, which can increase your penalties.
- Contact a Reliable Team: A team that was trained in business debt relief can help you regain control. We can help you, and we can speak to your lender on your behalf.
Our Dedication to Your Business
We are DelanceyStreet.com, a top tier business debt relief company based out of NYC, servicing people nationwide. One of our founding partners is an attorney, so we understand how to give you a comprehensive defense strategy. We believe in open communication, which can help fix issues early. We know how to negotiate with MCA lenders, they know us – and they know we’re not afraid of going to court. We know how to keep your business afloat.
If You’re Unsure, Speak to Us
You have a right to protect your business, and we have the experience needed to defend that right. When a lender uses a UCC lien, we understand how to handle it. We can help you with debt settlement, debt consolidation, or exploring other relief programs.
We Can Help You, Regardless of the Stage
If you’re facing legal actions, if you’re locked out of your bank account, or if you just got your first notice—we can help you. We’ve seen it before, and we know how to guide you.