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Account frozen after an MCA dispute? Check the notice and options

What usually freezes an account after an MCA dispute, what to do in the first 48 hours, documents to gather, and when to involve counsel.

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  • Account frozen after an MCA dispute? Check the notice and options

By Anonymous MCA industry contributor Research, writing and editorial review · MCA sales background

An inaccessible account can disrupt payroll and suppliers, but different restrictions require different responses. Obtain the actual bank or processor notice and arrange prompt legal review. No universal 48-hour release process exists.

Updated 2026-10-30

Sources and scope

Identify the restriction

Ask the institution for its stated reason, amount affected, document reference, issuing party, and any case number. A processor reserve, bank compliance hold, restraining notice, and levy are not interchangeable.

What usually sits behind a frozen account

Owners tend to say "the funder froze my account," but a funder usually cannot reach into a bank on its own say. Something else has normally happened first. The common possibilities look different on paper:

A restraining notice after a judgment. In New York, CPLR 5222 lets a judgment creditor serve a restraining notice on a bank that holds the debtor's money, which stops the bank from releasing covered funds while the notice is in effect. The key word is judgment. If you were never served with a lawsuit, ask how a judgment exists.

A judgment entered on a confession of judgment. Some MCA contracts include a signed confession of judgment. Where a court accepts it for filing, the funder can obtain a judgment without a contested lawsuit and then use the normal enforcement tools, including a restraining notice. Our confession of judgment guide explains how these documents work and why the filing county and date matter.

A levy or execution. A restraint freezes money in place. A levy, usually carried out by a sheriff or marshal under an execution, is a step toward actually taking it. In Distressed Holdings, LLC v Ehrler, the Second Department treated the restraining notice and the marshal's levy as separate steps, each with its own paperwork.

A bank or processor hold. A bank may restrict an account for its own compliance reasons, and a card processor may hold a reserve under the merchant agreement. Neither requires a court judgment, and neither is released by a court motion against the funder.

The first 48 hours

No checklist releases money in two days, but the first two days decide how quickly anyone can help. In order:

  1. Get the paper. Ask the bank for a copy of whatever it received, plus the name of the court, the index or case number, the creditor's attorney, and the amount restrained.
  2. Look up the case. With a case number, you or a lawyer can check the court record to see when and how the judgment was entered.
  3. Call a lawyer who handles judgment enforcement. A restraint is a court process, and release usually runs through the court or the creditor's attorney rather than a sales rep.
  4. List what is due this week. Payroll, payroll taxes, rent, and critical suppliers, with dates and amounts, so counsel can see the pressure points.
  5. Ask before changing where deposits go. Talk to counsel before redirecting any receipts. Moving money to dodge a restraint can create serious legal exposure.
  6. Write down every call. Who you spoke with, when, and what they said.

Review urgent operating needs lawfully

Prepare a list of payroll, tax, and supplier deadlines for counsel. Do not move restricted funds or route receipts elsewhere to evade a notice or order. Ask which lawful options are available under the actual restriction.

Exemptions and challenges, described generally

New York's procedure includes exemption notices and claim forms. The Ehrler opinion describes the 2008 Exempt Income Protection Act: the creditor's attorney serves the bank with the restraining notice, an exemption notice, and two exemption claim forms, and the bank must send them on to the judgment debtor within two business days. That case involved an individual's personal account, and these exemptions are built around certain income of people. Do not assume they protect a business operating account.

Beyond exemptions, the options a lawyer typically weighs fall into a few kinds. One is a motion to vacate the judgment itself, for example where the confession of judgment or the service of process is challenged. Another is a motion about the restraint, such as defective notice or a restraint exceeding what the law allows. The last is a negotiated release in exchange for a payment or agreement. Each has its own grounds and deadlines, and some arguments are lost if raised late.

That is where the fork comes in. If a judgment exists, speak to counsel before you sign anything the funder sends. A payment plan signed in a hurry can include waivers or admissions that make a later challenge harder. If no judgment exists and the problem is a bank or processor hold, you are dealing with a contract and an institution, and a lawyer may not be the first call.

Documents to gather

  • The bank's notice, and anything mailed to you with it
  • Every MCA agreement, guarantee, and confession of judgment you signed
  • Any summons, complaint, or judgment you received
  • Bank statements showing the remittances you made
  • Emails and texts with the funder or its collectors
  • Your list of this week's payroll and supplier obligations

Evaluate the release process

Counsel can assess the notice, applicable exemptions, challenge procedures, and any negotiated release. New York CPLR 5222 is one jurisdiction’s restraining-notice provision, not a description of every bank hold. Do not assume a payment plan automatically releases funds.

Confirm what was resolved

Obtain written confirmation of any release from the appropriate party and verify the institution has processed it. Separately address any remaining debt, guarantee, filing, or court case. Removing one restriction may not resolve the underlying dispute.

Where to go next

If papers arrived before the freeze, start with the first 30 days after an MCA lawsuit. If all you have so far is a demand letter or a notice sent to your customers, our guide to MCA collection letters and notices explains how to sort and check them. Funder claims are usually pleaded as breach of contract, which our MCA breach of contract guide explains. Whether your agreement could be treated as a loan is covered in are MCA loans legal. The MCA lawsuit tracker lists reported cases by funder. To decide who should handle it, read MCA attorneys vs settlement companies.

Common questions

Can a personal account be affected?

That depends on the account ownership, legal process, parties, exemptions, and applicable law. A business guarantee alone does not answer the question.

How long does a processor hold last?

The reason, terms, documentation, and release procedure matter. Ask the processor for written conditions rather than assuming a standard duration.

Can a confession-of-judgment entry be challenged?

Potential grounds, procedure, and deadlines require review of the actual record. No success rate is established here.

Takeaway

Get the notice, identify the legal or contractual basis, and obtain advice about lawful operations and release. Do not rely on a promised release timetable.

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