Is a confession of judgment legal on an MCA?
It depends on the state. New York Civil Practice Law and Rules 3218 still allows a confession of judgment in some cases. Texas Finance Code 398.055 says a confession of judgment in a sales-based financing contract voids the contract. Florida Statute 55.05 says a confession of judgment is void. California has no statewide ban we could source.
On this page
MCA debt relief and a confession of judgment depend on the state where the case would be filed. A confession of judgment is a paper that lets a creditor enter a judgment without a full lawsuit. Merchant cash advance contracts have used that clause.
Texas and Florida
Texas Finance Code 398.055 says a commercial sales-based financing contract that contains a confession of judgment provision, or any similar provision, is void and unenforceable. That chapter took effect September 1, 2025.
Florida Statute 55.05 says all powers of attorney for confessing judgment, made before the action is brought, are absolutely null and void. Tallahassee keeps that statute next to Florida's commercial financing disclosure law.
New York and California
New York CPLR 3218 still sets out how a judgment by confession may be entered. We do not treat that section as a ban. California has no statewide ban we could source on this pass. If someone hands you that clause in California, we do not have a statute page that answers it.
What to do with the paper
Do not sign a new confession of judgment on a sales call. What to do when merchant cash advances take a daily debit is the order. How to check an MCA relief company is the checklist if a firm asks you to sign one as part of the relief work.
Sources
Where our facts come from
- Texas Finance Code Chapter 398statutes.capitol.texas.gov
- Florida Statute 55.05flsenate.gov
How this page was checked
- Licensed professional
- None. No licensed attorney who handles commercial finance has checked this page.
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