The Legal Ground You’re Standing On
Nebraska 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 Nebraska law. A firm that can’t speak to them isn’t the best firm for a Nebraska file.
1Usury limits & the recharacterization question
Nebraska's general contract ceiling is 16% (Neb. Rev. Stat. § 45-101.03), but § 45-101.04's exemptions swallow it for commercial credit: loans to any corporation, partnership, LLC, or trust, and loans of $100,000 or more, are exempt. The usury penalty is civil — the lender recovers principal only and forfeits all interest (§ 45-105). Because MCA counterparties are almost always business entities, even a recharacterized advance would often sit outside the cap. Nebraska merchants' practical protections are the court-appearance confession requirement and procedural defenses, not rate math.
Sources: Neb. Rev. Stat. § 45-101.03 (16% cap) · Neb. Rev. Stat. § 45-101.04 (entity and $100k exemptions) · Neb. Rev. Stat. § 45-105 (usury penalty)
2Confessions of judgment in Nebraska
Court appearance required Nebraska permits confession of judgment only through Neb. Rev. Stat. § 25-1309: the debtor must personally appear in a court of competent jurisdiction and confess with the creditor's assent. The pre-signed, filed-without-notice confession historically used in MCA contracts is not how judgment by confession is obtained in Nebraska courts — the exposure, as usual, is an out-of-state judgment arriving by domestication.
Sources: Neb. Rev. Stat. § 25-1309 (confession of judgment)
3Commercial financing disclosure: where Nebraska stands
Nebraska has not enacted a commercial financing disclosure law — the March 2026 Venable survey lists ten enacted states with Nebraska absent, and Nebraska's 2026 LB 717 (which expanded the Installment Loan and Sales Act) covers consumer installment lending, not MCAs. Nebraska merchants hold no statutory right to pre-signing cost disclosures; the agreement is the whole story.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026) · Mayer Brown — Nebraska LB 717 (Mar. 2026)
How funders actually enforce here: Out-of-state judgments domesticate under Neb. Rev. Stat. § 25-1587.03 and enforce like Nebraska judgments, though case law preserves collateral attack for lack of jurisdiction. Business bank accounts and receivables are reachable through garnishment, and funders file UCC-1 liens with the Nebraska Secretary of State, searchable online. No published Nebraska MCA decision could be verified in any state or federal court. Neb. Rev. Stat. § 25-1587.03 (foreign judgment filing) · Nebraska Secretary of State — UCC