The Legal Ground You’re Standing On
North Carolina 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 North Carolina law. A firm that can’t speak to them isn’t the best firm for a North Carolina file.
1Usury limits & the recharacterization question
North Carolina's usury rules (Chapter 24) are civil: under N.C. Gen. Stat. § 24-1.1, parties may contract for interest up to the statutory ceiling (the greater of 16% or the 6-month T-bill rate plus 6%) when principal is $25,000 or less — and any agreed rate above $25,000. Under § 24-2, knowingly charging above the lawful rate forfeits all interest, and a borrower who paid usurious interest may recover twice the interest paid. MCAs are drafted as receivables purchases, so funders argue Chapter 24 never applies; recharacterization has the sharpest usury consequences for smaller advances (the any-rate rule blunts it above $25,000), which is why larger North Carolina disputes are more often fought in bankruptcy as avoidable transfers or under the contract's chosen law (usually New York).
Sources: N.C. Gen. Stat. § 24-1.1 (official text) · N.C. Gen. Stat. § 24-2 (forfeiture; double recovery)
2Confessions of judgment in North Carolina
No warrant-of-attorney confessions North Carolina permits confession of judgment only through the tightly proceduralized Rule 68.1 (N.C. Gen. Stat. § 1A-1): the defendant must sign and verify a written statement filed with the clerk of superior court, venue is limited to where the defendant resides or owns property, and a confessed judgment is not res judicata as to any fact. The rule contains no warrant-of-attorney mechanism of the kind MCA contracts historically used — and note that § 22B-2, sometimes miscited as North Carolina's COJ ban, actually concerns real-property improvement contracts. Combined with New York's 2019 bar on COJs against out-of-state debtors, North Carolina merchants face little surprise-judgment risk from confession clauses.
Sources: N.C. Gen. Stat. § 1A-1, Rule 68.1 (confession of judgment) · NY CPLR 3218 (2019 residence restriction)
3Commercial financing disclosure: where North Carolina stands
North Carolina has not enacted a commercial financing disclosure law covering MCAs — a March 2026 Venable survey lists ten enacted states (California, Connecticut, Florida, Georgia, Kansas, Missouri, New York, Texas, Utah, Virginia), and North Carolina appears in neither the enacted nor pending list. North Carolina merchants therefore hold no statutory right to pre-signing cost disclosures: the agreement itself is the only place the true cost appears, which makes professional contract review before signing — and before restructuring — essential.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)