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Merchant Cash Advance · Answered

What Is A Reconciliation Clause And How Do I Use It To Reduce Payments?

The clause is a tool. Here's the manual.

You know the clause exists. Now use it. The exact sequence for turning falling sales into lower payments, from first letter to adjusted debit.

See The Rankings
By SKA Law Group Updated September 2026 3 min read 4 firms reviewed
#1
Our Top Pick

Delancey Street

Delancey Street does business debt and nothing else. Settled over $100M, most of it MCA. You pay zero until a deal exists.

Filed rights beat known rights. People who draft these weekly know the sentences that work.

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What Is a Reconciliation Clause, and How Do I Use It to Reduce Payments?

Use the MCA Reconciliation clause by writing to the address in the contract and sending all of your bank statements since the contract date. The funder should then compare the debits to the specified percentage of your actual receipts. New York forms usually require them to credit any overcollection within 2 business days and reduce your payment.

Where do you start when you want to use an MCA reconciliation clause?

First, read the reconciliation clause. Each clause is different and you are held to its terms. In New York, the funders must comply with 23 NYCRR 600.6, which requires the disclosure page to explain the "true-up mechanism" and cite the contract section that details it. Look for:

  • How do you have to ask? The 2026 Pristine form requires written notice or email to the stated address, but its notice section also allows certified mail, overnight delivery and even texting.
  • How long do they have to reconcile? Both Pristine and Cedar Advance give themselves 2 business days.
  • Will they stop debiting while they reconcile? Cedar states it will pause ACH debits "until the reconciliation process is complete," but Pristine has no such language.
  • What is the lookback period? Most reconcile cumulatively from the contract date, but one (Aurai) reconciles monthly, on or about the 18th, against the prior calendar month.
  • Do they have to ("shall") reconcile, or is it "in its sole discretion"?

How do I know that the MCA reconciliation will reduce my payment?

You have to run the numbers. Reconciliation goes both ways: the Pristine form says that if they did not debit enough they can debit you for the difference. Using Pristine's deal, if they are debiting $1,075 a day, and the specified percentage is 5.06%, then they think you are taking in about $21,245 a day. If you are actually taking in $12,000 per business day, you should ask for a reduction to $607 (5.06% of $12,000).

Be careful though. First, most look at the total since the contract date, so good early months might mean they did not overcollect. Second, use business days: 10% of $100,000 a month is $10,000, and over about 21.7 business days that is $461 per business day, not $333 a day. Read the specified percentage guide for the full calculation.

What documents do you need to provide for an MCA reconciliation?

Send what the clause says. The Cedar form calls for "any and all bank statements covering the period from the date of this Agreement through the date of the request for a reconciliation," month-to-date account reports or other revenue records, or the login "if available." Pristine's is similar. Neither asks for tax returns or P&L's, so don't provide them.

Be careful though. Complete bank statements may show other funders debiting your account. In the Pristine form, a merchant representation that "proves to have been made intentionally false or misleading in any material respect" is an event of default. If you represented that you had no other funders and the statements show otherwise, talk to a lawyer before sending them.

What should you put in the MCA reconciliation request letter?

You should label the letter something like "Request for Reconciliation under Section ___ of the Merchant Cash Advance Agreement." Then, include the following:

  • your name (the merchant);
  • the date of the agreement;
  • the advance number;
  • the completion deadline;
  • the period covered;
  • the total receipts for that period;
  • the total debited to your account;
  • the specified percentage x total receipts;
  • the amount they have overcollected; and
  • your proposed new payment amount.

If the agreement pauses debits during reconciliation, ask for the pause and cite the section number. Finally, ask for their calculation in writing.

Leave out hardship stories and settlement offers, because New York’s compromise statute protects settlement offers only on disputed claims, and a routine reconciliation request isn’t one. See CPLR 4547. Send the letter by every notice-clause method with proof of delivery, such as email and certified mail or overnight delivery.

How long does the funder have to respond?

Under the Cedar and Pristine MCA forms, the funder has two business days from receipt of proper notice “accompanied by the information and documents required” to complete the reconciliation. Funders use that language to delay, so send everything at once and offer in writing to provide anything else they need. If the two days expire, email the next business day noting the missed deadline, then send a certified letter.

Unless your contract pauses debits, continue to pay while you wait. In fact, under the Cedar MCA form, blocking the ACH debits without notifying the funder is a default. Under the Pristine form, as long as you give the funder not more than one business day’s notice, they waive the $50 NSF fee.

What can you do if the funder refuses or ignores the request?

Even an ignored request helps show a court you tried to reconcile, for the reasons explained in What is a Reconciliation Clause and Why Does it Matter? In People v. Richmond Capital Group (1st Dept. 2026), evidence that the funder denied reconciliation requests and never reconciled in practice helped show that the MCA was a loan. Conversely, if you never try, you can’t later argue that the clause is illusory. See Apollo Funding v. Dave Reilly Construction (2nd Dept. 2025).

The funder may push back against your request. In Oakshire (4th Dept. 2024), the funder refused a request to lower the daily payment and filed a Confession of Judgment two days later. (Confessions of Judgment are now void in Texas, however. See Tex. Fin. Code 398.055.) Answer the funder’s figures in writing, and don’t sign any “modification” or “stipulation for relief” without a lawyer, because guaranties in these contracts (such as Pristine’s) survive modifications.

Frequently Asked Questions

Can I request a reconciliation more than once?

Yes, at least under the MCAs that we have reviewed. There is nothing in the Cedar or Pristine MCAs that prevents multiple requests for reconciliation.

Do I need to provide the funder with my bank login?

Typically, no. The contracts list the login as an option along with or instead of bank statements, so providing the statements should be enough.

Can I still request a reconciliation after defaulting?

It depends on the specific contract. Under the Aurai form, for example, the specified percentage is 100% after default, so a request would be pointless. It’s always better to request a reconciliation before default.

I'm a Pennsylvania business. Which law applies?

Most of the MCA contracts that Pennsylvania merchants sign are subject to New York law so these contract provisions and cases should be applicable to your contract.

The 2026 Rankings

So we looked at four firms that do this kind of work. Here's how they all stack up against each other, and what each one is realistically going to cost you.

2
Best for Asset-Heavy Restructuring

Second Wind Consultants

Second Wind doesn't negotiate. They reorganize. Different animal.

Their tool is the Article 9 sale. The law splits a good business off its killer debt. Legal and brutal both. Funders hate it, and that tells you plenty.

Fit runs narrow. Two advances, no assets, nothing to grip. They'll say so themselves.

Priced per deal. Numbers aren't published. Expect a talk, not a menu.

Strengths

  • Article 9 sales, the specialty
  • Not bankruptcy, if the business is sound
  • Long time in the game

Considerations

  • Overkill for a plain stack
  • No prices upfront
3
Longest Operating History

Corporate Turnaround

Corporate Turnaround opened in 1998. Older than the MCA industry. In a trade where firms vanish yearly, that run counts.

They do structured repayment plans. Good with vendor debt and trade debt both.

Slow by design. A daily debit killing you this month won't wait on a 12-month plan.

MCA runs thin here next to the specialists above. Wrong room for a stack.

Strengths

  • Around since 1998
  • Vendor and trade debt, solid

Considerations

  • Plans take months
  • MCA is the sideline
4
Budget Option

CuraDebt Business

CuraDebt leads consumer, takes business on the side. Know it going in.

Reason they're listed: cheapest way in. Small balance, the price can make sense.

One small advance, no suit filed, could be all you need.

Served on a confession, scroll to number one. Different problem, different tool.

Strengths

  • Takes small balances
  • Easy to reach, been around

Considerations

  • Business is the side gig
  • Thin on MCA specifics

Side-By-Side Comparison

Company Best For MCA Expertise Fee Model Attorney Involvement
Second Wind Consultants Asset-heavy restructuring Article 9 only Transaction-based Through deal counsel
Corporate Turnaround Vendor & trade debt Thin Program fees No
CuraDebt Business Smaller debt loads Very thin Percentage of enrolled debt No

Fees vary by case. Confirm terms before you sign anything.

Using Reconciliation: The Short Version

The clause is a tool. Here's the manual.

  • Start with your contract language. Quote the clause back at them. Exact words beat paraphrase.
  • Build the proof packet. Statements, sales reports, bank records. Three months minimum.
  • Calculate the new number. Show your math openly. Proposed payment with workings attached.
  • Send it tracked. Email plus certified mail. Delivery proof ends denial games.
  • Set a deadline. Ten business days is standard. Open-ended asks get ignored.
  • Follow up weekly. Every silence earns another letter. Rhythm beats volume.
  • Escalate in writing. Denials get rebuttals. Supervisors get copies. Paper climbs.
  • Log everything. Dates, names, responses. The file you build settles the case.

Demand To Adjustment

Letter to lower payment. The full run.

Demand timeline SEVERITY INCREASES → 1 DRAFT Letter built DAY 1 Clause quoted 2 SEND Tracked out DAYS 1-3 Proof kept 3 PROVE Packet lands WEEK 2 Numbers show 4 PRESS Follow-ups WEEKS 2-6 Weekly rhythm 5 ADJUSTED Payment drops END Math holds
Most denials fold by round three. Keep filing.
  • Stage 1: Draft. Clause quoted, math shown, deadline set. One tight letter.
  • Stage 2: Send. Tracked delivery, both email and mail. Receipts filed.
  • Stage 3: Prove. Full packet lands. Statements carry the argument.
  • Stage 4: Press. Weekly follow-ups, escalating copies. Pressure stays polite.
  • Stage 5: Adjusted. Payment drops to match. Acknowledgment in writing.

Demand Letter Anatomy

Six parts, every letter.

PartWhat goes inWhy
Clause quote Exact contract language Shows you read it
Sales proof Statements, 3+ months Numbers persuade
New calculation Proposed payment + math Gives them the answer
Deadline 10 business days Forces response
Consequences Counsel, complaint, court Teeth behind paper
Contact Named human, direct line Removes friction

One page if possible. Two max. Funders skim.

DIY Demand Vs Pro Demand

Same clause. Three executions.

Demand value DIY demand ~$10-20K saved Pro demand ~$30-50K saved No demand $0 saved $0 $40K $80K $120K $160K
Ballpark savings on $100K. Drafting quality prices outcomes.

File This Week

Five steps, seven days.

  1. 1
    Pull contract + statements.

    Clause language and proof packet. Day one gathering.

  2. 2
    Draft the letter.

    Quote, math, deadline. Tight and professional.

  3. 3
    Send tracked twice.

    Email plus certified. Both receipts filed.

  4. 4
    Calendar follow-ups.

    Weekly touches scheduled. Rhythm set in advance.

  5. 5
    Prep escalation.

    Counsel named, complaint drafted. Leverage loaded.

What We Keep Seeing

Demand files, the patterns.

  • First letters get denied. Form rejections, always. Round two moves needles.
  • Math wins arguments. Clear calculations end debates. Vague asks invite no.
  • Deadlines force answers. Dated demands get dated replies. Open asks rot.
  • Escalation closes files. Counsel copies end games. Funders settle adults.

How Business Debt Settlement Works

01

Case Review

Someone reads the file before quoting anything. Contracts, statements, UCC filings. Built from documents, not your memory of signing.

02

Stop The Debits

Reconciliation goes in first, in writing, done right. The daily debit is killing the business, so it gets handled first.

03

Negotiate

Each position worked alone. Weak leverage on their end means low numbers on yours.

04

Paper It

Docs signed, liens killed, judgments handled. File the UCC-3. A deal without paperwork is a discount with a clock on it.

Sources Worth Your Time

Where the facts above come from. Primary sources first.

Get A Read On Your File.

Costs nothing to look. Nobody earns anything until you sign a settlement. Know where you stand by tomorrow.

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