Resources

Understand your situation before you make decisions.

In-depth articles and plain-language FAQs covering the legal frameworks, procedures, and defense strategies relevant to the matters we handle.

This library is organized by practice area. Under each heading you will find longer articles that walk through specific issues we see often, plus a single FAQ page for that practice area. MCA Defense also has a set of pages organized by situation. Start with the FAQ page if you are trying to get oriented, and read the articles when you already know roughly what you are dealing with and want detail.

MCA Defense

Practice area overview →

If You Are In One Of These Situations

My payments are too high

Reconciliation, consolidation, and what a settlement company actually does.

My bank, processor, or PayPal froze my money

Who is holding it, why they will not release it, and what actually moves it.

Settling a merchant cash advance

What resolutions look like, including the tax bill and the UCC filings left behind.

All six situations, on the MCA Defense hub →

In-Depth Articles

What Is a Merchant Cash Advance and Is It Legally a Loan?

Understand what a merchant cash advance is, how it differs from a traditional loan, and when New York courts may recharacterize an MCA as a usurious loan.

MCA Usury and Recharacterization: When an MCA Becomes a Loan

How New York courts determine when a merchant cash advance is really a loan, and what usury defenses are available to MCA defendants.

Frequently Asked Questions

MCA Defense: Frequently Asked Questions

7 questions answered, including statutes, deadlines, and procedures.

Read the FAQs →

SBA / EIDL Default Defense

Practice area overview →

In-Depth Articles

SBA Referred Your EIDL Loan to Treasury: What It Means

What happens when the SBA refers your EIDL loan to the Treasury Department for collection. The referral process, notice requirements, and your rights.

Tax Refund Seized for EIDL Default: Your Options

What to do when the government seizes your tax refund for an EIDL loan default. Understanding TOP offsets, challenging improper seizures, and protecting future refunds.

EIDL Offer in Compromise: How to Negotiate a Settlement

How the SBA's Offer in Compromise program works for EIDL loans, how to structure a successful offer, and what to expect during the process.

EIDL Payment Plans and Hardship Options

Available payment arrangements for EIDL loans, including Hardship Accommodation Plans, standard repayment, and post-default options. What happens when a HAP expires.

The Treasury Offset Program Explained

How the Treasury Offset Program works, what payments it can intercept, the procedural requirements for referral, and how to challenge a TOP referral for EIDL debts.

DOJ Collection Lawsuits for EIDL Defaults

What to expect when the Department of Justice files a collection lawsuit for EIDL loan default. Defense strategies, procedural requirements, and your rights in federal court.

Asset Protection When Facing EIDL Collection

Legal strategies to protect personal and business assets when facing SBA EIDL loan collection. Understanding exemptions, guarantees, and what the government can and cannot reach.

Proving an EIDL Notice Defect: The Portal, the Record, and the Affidavit

What the SBA portal does and does not show, why the electronic record matters in a Treasury referral dispute, and how borrowers document a notice problem.