The first meeting with a UCC lien attorney is an audition. You are evaluating whether this person understands the specific mechanism that is blocking your financing, not whether they can explain what a UCC filing is in general terms.
Most business owners arrive at this meeting underprepared. They know they have liens. They know the liens are causing problems. They do not know what questions to ask, and an attorney who does not know the answers can fill the silence with plausible-sounding language that commits everyone to a process that may not serve you.
How Many Active UCC-1 Filings Do I Have, and Are Any of Them Legally Vulnerable?
This is the first question because it establishes whether the attorney has already done basic research before the meeting. A competent lawyer will have pulled your Secretary of State records, identified the active filings by funder name and date, and considered whether any of the filings have procedural defects. If the answer is “I haven’t looked yet,” you are speaking with someone who prepared for a general conversation, not your case.
What Is the Standard for a Seriously Misleading Debtor Name in My State?
This question is more specific than it appears. Article 9’s debtor name requirement is uniform in its general principle but applied through each state’s filing office search logic. The test for whether a name error makes a filing seriously misleading is whether a search under the correct name would surface the filing. That test depends on the search algorithm each state uses, and the results vary. An attorney who handles UCC matters regularly will know how your state’s system treats common name variations. One who does not may give you a textbook answer that does not apply to your filing.
Has the Funder Sold This Portfolio, and If So, Who Owns It Now?
The entity listed on your UCC-1 is the entity that filed. It may not be the entity that currently holds the security interest. MCA portfolios are sold frequently, and the chain of ownership is not always reflected in the public record. If your attorney cannot tell you who currently owns the obligation and holds the authority to file a termination statement, the demand process has no defined target.
Sending a termination demand to a funder that no longer owns the portfolio is not a step in the process. It is a delay while the clock runs on your loan application.
What Is Your Timeline for Obtaining a Termination Statement?
A realistic timeline depends on the funder’s responsiveness, whether the obligation is genuinely satisfied, and whether any disputes need to be resolved first. An attorney who promises a specific timeframe without qualification is either very experienced with that particular funder or giving you a number that sounds good. The more useful answer involves a range, a description of what can accelerate or delay the process, and a clear account of what happens if the funder does not comply within the statutory period.
Have You Worked With This Specific Funder Before?
The MCA industry has a relatively small number of major funders, and attorneys who practice in this area develop working knowledge of each one’s responsiveness, typical documentation requirements, and willingness to cooperate on terminations. A lawyer who has previously compelled termination from the same funder you are dealing with brings practical knowledge that has no equivalent in the statute.
If the Funder Refuses, What Are My Options?
The answer to this question distinguishes an attorney who understands the full range of remedies from one who knows only the demand letter route. Options beyond the demand letter include: filing a self-help termination if the specific conditions of UCC Section 9-509 are met, seeking a declaratory judgment that the obligation has been satisfied, and in cases of bad faith delay, pursuing damages under Section 9-625 for the funder’s failure to comply with its statutory obligations. Not every option is available in every situation, but a competent attorney should be able to describe which ones apply and why.
What Is Your Fee Structure, and Are There Any Circumstances in Which the Cost Increases?
This question is not purely financial. The answer reveals whether the attorney has thought through the work involved. A flat fee suggests confidence in a defined scope of work. An hourly arrangement without a cap leaves you exposed to cost escalation if the funder is uncooperative. Neither structure is inherently wrong, but understanding which one you are entering, and what the contingencies are, is necessary before you authorize anything.
Do You Handle the Filing Itself, or Do You Instruct Me to File?
Some attorneys provide legal strategy and direct their clients to file UCC-3 forms themselves. Others handle the filing as part of the service. Both arrangements can work. What matters is that you understand who is responsible for the final step, because a UCC-3 termination that is filed incorrectly, or sent to the wrong filing office, or submitted without the required authorization, accomplishes nothing or causes harm. Consultation is where you find out which role this attorney plays and whether it matches what you need.
