The Legal Ground You’re Standing On
New Hampshire 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 New Hampshire law. A firm that can’t speak to them isn’t the best firm for a New Hampshire file.
1Usury limits & the recharacterization question
New Hampshire has effectively no usury cap on business credit: RSA 336:1 sets a 10% default rate only where the parties haven't agreed otherwise in writing — any written rate is enforceable, consumer credit is separately governed, and no general criminal usury statute exists. Recharacterizing an MCA as a loan therefore creates no rate violation under New Hampshire law itself; recharacterization fights for NH merchants turn on the out-of-state law the contract selects (commonly New York) rather than local usury rules.
Sources: NH RSA 336:1 (interest; any written rate)
2Confessions of judgment in New Hampshire
No pre-dispute mechanism New Hampshire has no statute or court rule authorizing entry of judgment on a pre-dispute contractual confession of the kind used in MCA contracts. The only "confession" statute (RSA 515:2) operates inside an already-pending lawsuit — a defendant may concede part of a claim and contest the rest. An MCA confession would be entered, if at all, in another state and domesticated here under RSA 524-A. (Marketing sites claiming New Hampshire "bans" MCA confessions overstate it — there is simply no entry mechanism, which is protection of a quieter kind.)
Sources: NH RSA 515:2 (confession within a pending action)
3Commercial financing disclosure: where New Hampshire stands
New Hampshire has not enacted a commercial financing disclosure law — the March 2026 Venable survey lists ten enacted states with New Hampshire in neither column, and the 2025–26 sessions produced no MCA disclosure bill. NH merchants hold no statutory right to pre-signing cost disclosures, and with no usury backstop, the agreement's terms are everything.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)
How funders actually enforce here: Out-of-state judgments domesticate under RSA 524-A: the authenticated judgment filed with a court clerk has the same effect as a New Hampshire judgment, the creditor files an affidavit of addresses, the clerk mails notice, and no execution may issue until at least 15 days after filing, with stays available pending appeal. Third-party collection uses trustee process under RSA 512 — and notably, RSA 512:21 makes continuing wage garnishment effectively unavailable for ordinary commercial debts, so pressure lands on business accounts and assets. Funders file UCC-1 liens with the NH Secretary of State. No published NH MCA decision could be verified. NH RSA ch. 524-A (foreign judgments; 15-day period) · NH RSA ch. 512 (trustee process; wage exemptions)
