My business was hit with a UCC lien after a merchant cash advance dispute. The funder says I defaulted, added a large amount of fees, and I am trying to settle without letting them intercept receivables. If I switch customers to pay-before-ship or pay-with-PO-submission so there are no open invoices, is that a legitimate way to keep operating or could it create more legal problems?
Changing payment terms may be a normal business decision, but doing it after a UCC dispute can raise legal issues if it looks like you are trying to move collateral outside a secured creditor's reach. Review the UCC collateral description, default language, receivables language, and any restrictions on changing payment processors or collection methods. You also need to avoid fraudulent transfer problems and avoid breaching customer contracts. Before changing receivable flow in response to an MCA lien, get legal advice and document the business reason for any policy change.