The Legal Ground You’re Standing On
Idaho MCA law: the three facts that shape every option
Every resolution strategy — renegotiation, settlement, defense, refinancing — plays out differently depending on these three pieces of Idaho law. A firm that can’t speak to them isn’t the best firm for a Idaho file.
1Usury limits & the recharacterization question
Idaho abolished its general usury ceiling: under Idaho Code § 28-22-104, the 12% statutory rate applies only where no written contract fixes a different rate — parties to a written agreement may charge any rate, with no civil or criminal usury cap on commercial financing. Recharacterizing an Idaho MCA as a loan therefore doesn't trigger a rate cap by itself; its significance lies in licensing statutes, bankruptcy treatment, and choice-of-law fights where another state's usury law governs — as happened to the Idaho-Montana-Washington restaurant group in In re Shoot the Moon, where a Montana bankruptcy court recharacterized the MCAs and applied Montana's cap.
Sources: Idaho Code § 28-22-104 (any written rate)
2Confessions of judgment in Idaho
No procedure — repealed in 1975 Idaho has no statutory mechanism for entering judgment by confession without an action: the confession-of-judgment chapter (former Title 10, ch. 9, §§ 10-901 to 10-904) was repealed in 1975 and the Legislature's site shows it as [REPEALED]. An MCA funder holding a pre-signed confession cannot use any Idaho procedure — enforcement runs through judgments obtained in other states and domesticated under Idaho's foreign-judgments chapter, where the debtor may seek a stay.
Sources: Idaho Code Title 10, ch. 9 — [REPEALED] (official)
3Commercial financing disclosure: where Idaho stands
Idaho has not enacted a commercial financing disclosure law — the March 2026 Venable survey lists ten enacted states with Idaho absent, and no sales-based financing bill appeared in the 2025–26 sessions. Idaho merchants hold no statutory right to pre-signing cost disclosures, and with no usury ceiling on written contracts, the agreement's actual terms carry all the weight.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)
How funders actually enforce here: Out-of-state judgments — including confessions entered elsewhere — domesticate under Idaho Code Title 10, ch. 13: the judgment is filed with a court clerk with an affidavit of addresses, the debtor may seek a stay of execution, and the judgment may be recorded to reach real property. Business accounts and receivables are reachable through execution and garnishment, and funders file UCC-1 liens with the Idaho Secretary of State. Idaho Code Title 10, ch. 13 — Foreign Judgments · Idaho Secretary of State — UCC