Business Debt Restructuring in Maine: 7 Laws That Change Your Leverage (2026)
One Line of Maine Law Decides Which Half of the Code You Get
Maine has a genuine reputation for protecting borrowers and it is earned on the consumer side. The Maine Consumer Credit Code caps a consumer loan at 30% per year on the first $2,000 of the amount financed and 18% on the entire loan once the amount financed passes $8,000, it makes any authorization to confess judgment void, it forbids a creditor from freezing a consumer’s bank account before judgment on a consumer credit debt, and since 2021 it has carried an anti-evasion provision that renders a loan structured around the ceiling void and uncollectible as to any principal, fee, interest or charge. Every one of those protections is real and enforced by a state regulator with an examination staff. Every one of them was also written for somebody who is not you.
The line that does the work is in the scope section. 9-A M.R.S. §1-202(1) provides that the Act does not apply to “extensions of credit primarily for business, commercial or agricultural purposes,” and the definition of a consumer loan at §1-301(14) closes the same door from the other side by requiring that the debtor be “a person other than an organization” and that the debt be “incurred primarily for a personal, family or household purpose.” Your LLC fails both tests on the day it signs. The rate ceiling, the confession-of-judgment ban, the loan broker registration regime, the true lender statute and the pre-judgment account protection all sit on the far side of that sentence, and the merchant cash advance on your desk sits on this side of it.
That boundary matters more in Maine than it does in a state with weaker consumer law, because an owner who has read anything about Maine lending assumes the protection extends to the business and then discovers otherwise in the week a bank calls to say the account has been trusteed. The practical consequence is that a Maine restructuring is not built out of state consumer statutes at all. It is built out of the Uniform Commercial Code, out of the civil procedure rules governing attachment and trustee process, out of the fraudulent transfer chapter in Title 14, and out of whatever defects exist in the funder’s own paper. Those are narrower tools than a rate ceiling, and they are the tools you actually have.
What follows is the seven bodies of law that move the number on a Maine business debt file, ordered roughly the way they arrive: the clause in your agreement, the price of the money, the paperwork nobody was required to give you, how far back a creditor can reach for transfers you already made, how fast the account gets frozen, which unfair practices statute your company can and cannot use, and what a personal guaranty leaves you standing on once a judgment carries your own name.
Delancey Street
Important: Delancey Street is not a law firm. They are a business debt and MCA settlement company that works with a nationwide network of licensed attorneys, and those attorneys are the ones who negotiate with your funder, raise legal defenses in court when a case gets there, and close settlements at 30-60% of the outstanding balance. The distinction matters in practice, because when counsel from that network calls a funder, the funder is dealing with someone who can make the file expensive.
They have settled over $100M in business debt. The attorney network handles the whole sequence: stopping the daily ACH debits, challenging UCC liens, answering lawsuits, and drafting settlement agreements that carry full releases and UCC-3 terminations. Most single-position files resolve in 2 to 8 weeks. No upfront fees, and they work in all 50 states.
National Debt Relief
Important: National Debt Relief is not a law firm, and they do not handle MCA-specific litigation, confession-of-judgment challenges, or UCC lien disputes. What they are is the largest debt settlement company in the United States, with an A+ Better Business Bureau rating and more than 550,000 clients served. Where they fit is the debt sitting alongside your advances: credit cards, vendor accounts, and lines of credit.
CuraDebt
Important: CuraDebt is not a law firm and does not litigate MCA cases. They have spent 25 years on business debt and IRS and state tax resolution, which matters more than it sounds like it should, because a business that fell behind on advances has usually fallen behind on payroll taxes too, and forgiven debt can land as taxable income. They are IAPDA certified.
1. The Confession Clause Maine Voids Only for Consumers
9-A M.R.S. §3-306 is three sentences long and completely categorical: “No agreement for a consumer credit transaction may contain an authorization for any person to confess judgment on any claim. No seller or lessor may take such an authorization. Any such authorization is void.” There is no notice exception, no bold-type warning that saves the clause, and no dollar threshold above which it becomes enforceable. It is also confined by its own opening words to a consumer credit transaction, which §1-301(12) defines as a consumer credit sale, consumer lease or consumer loan, all of which §1-202(1) has already put out of reach of a business-purpose advance. Nothing else in the Maine Revised Statutes voids a confession of judgment signed by a company.
The absence of a prohibition is not the same thing as the presence of a working procedure, and this is where Maine differs from the cognovit states. Maine has no statute and no civil rule that lets a creditor walk a signed warrant of attorney into a clerk’s office and have judgment entered without service, an answer or a hearing, which is precisely what Ohio Rev. Code §2323.13 authorizes and what Maryland Rule 2-611 permits on the papers. Published Maine appellate decisions mentioning a confession of judgment at all are vanishingly rare, and the most recent one we located dates to 1998, which tells you how little the device has been used in this state in modern practice. A funder holding your Maine paper still has to sue you.
The exposure arrives from somewhere else, and it arrives fully formed. Merchant cash advance agreements routinely select New York law and New York venue, a confession is entered there against a company that has never been to New York, and the resulting judgment travels under the Uniform Enforcement of Foreign Judgments Act at 14 M.R.S. chapter 740. Section 8003 provides that an authenticated foreign judgment filed with the clerk of any Maine District Court or Superior Court is treated “in the same manner as a judgment of the District Court or Superior Court of this State,” with the same procedures, defenses and enforcement. The clerk mails you notice under §8004(2), and §8004(3) bars execution for 30 days after filing. Those 30 days are the whole window, and most owners spend them assuming the letter is a collection form.
From the funder’s side of the table, that arithmetic is exactly why the clause is in the document. A confessed judgment entered elsewhere and domesticated in Maine converts a disputed contract claim into a liquidated obligation that no Maine court will retry on the merits, because the defenses that survive domestication are narrow and mostly jurisdictional. What that does to a settlement conversation is remove your best argument before it is made. If the agreement in your drawer names a state other than Maine and contains an affidavit of confession, an authorization to confess, or a power of attorney to appear and consent to judgment, the calendar you are on is the 30-day one at §8004(3) and not the leisurely one you would have if the funder had to file in Cumberland County and wait for an answer.
2. Two Repealed Sections and Nothing Written to Replace Them
Maine used to have a general interest ceiling and it deliberately got rid of it. 9 M.R.S. §228, titled “Legal interest rate,” was repealed by PL 1975, c. 500, §3, and 9 M.R.S. §229, “Maximum legal interest rate on personal loans in excess of $2,000,” was repealed by PL 1973, c. 762, §2, the same act that enacted the Consumer Credit Code. What replaced them was a tiered ceiling written only for consumer credit. Under 9-A M.R.S. §2-401(2)(A) a lender may contract for 30% per year on the unpaid balance up to $2,000, 24% on the portion between $2,000 and $4,000, and 18% above $4,000, with a flat 18% ceiling on the entire loan once the amount financed exceeds $8,000. None of that reaches a business-purpose advance, because §1-202(1) put business credit outside the Act before the rate article ever begins.
The one remaining number in Maine law that looks like a usury ceiling is in the banking title and it evaporates on contact with a signature. 9-B M.R.S. §432(1) provides that “the maximum legal rate of interest on a loan made by a financial institution, in the absence of an agreement in writing establishing a different rate, shall be 6 percent per year,” and §432(2) applies the Title 9-A limits only to “a noncommercial or consumer loan.” Two conditions have to fail before that 6% matters: the lender has to be a financial institution as defined in 9-B M.R.S. §131, which a merchant cash advance funder is not, and there has to be no written rate agreement, which there always is. Maine has no criminal usury statute reaching commercial credit and no civil penalty for an excessive business rate, because there is no business rate to exceed.
Two sections in Title 14 then carry the contract rate forward past judgment, and this is the part owners consistently miss when they model what a Maine lawsuit costs. Under 14 M.R.S. §1602-B(2) prejudgment interest in any civil action involving a contract or note containing an interest provision is allowed at the rate set forth in that contract. Under §1602-C(1)(A) post-judgment interest in the same situation runs at the greater of the contract rate or the one-year Treasury bill rate plus 6%, and §1602-C(2) fixes that rate as of the date of judgment and accrues it through any appeal. A funder that wrote a punitive default rate into the agreement does not lose it when the file becomes a judgment. It keeps it, compounding against you for the life of the collection.
The bitter version of this is that Maine wrote one of the most aggressive anti-evasion lending statutes in the country and then made sure your company could not touch it. 9-A M.R.S. §2-701, enacted by PL 2021, c. 297, prohibits any “device, subterfuge or pretense” to evade the finance charge article and declares that a loan made in violation of it “is void and uncollectible as to any principal, fee, interest or charge.” Section 2-702 supplies the true lender test, treating a person as the lender where that person holds the predominant economic interest, or markets and arranges the loan while holding a right of first refusal to purchase it, or where the totality of the circumstances shows the structure exists to evade the article. That is the remedy every stacked merchant wishes existed for a merchant cash advance, and Article 2 lives inside Title 9-A.
3. Maine Wrote the Disclosure Statute for a Different Advance
As of August 3, 2026, no provision of the Maine Revised Statutes requires a commercial financing provider to disclose the total repayment amount, the finance charge, the annualized cost, the payment schedule, the prepayment terms or the broker compensation on a business advance. There is no licensing regime, no registration, no filed rate and no state agency with jurisdiction over the product. The bill status search maintained by the Maine Legislature returns no matches in the 132nd Legislature for either “commercial financing” or “merchant cash advance,” across both the 2025 sessions and the Second Regular Session that adjourned in 2026. The Revisor of Statutes serves Title 9-A current through the First Special Session of the 132nd Legislature, and the loan broker, disclosure and licensing articles in it are all keyed to a consumer.
What makes the gap conspicuous rather than ordinary is that Maine already wrote exactly this statute, for a product built the same way, almost twenty years ago. 9-A M.R.S. Article 12, enacted by PL 2007, c. 394, governs legal funding, which §12-102(2) defines as a transaction in which a company pays cash in exchange for the right to receive an amount out of the proceeds of a settlement or judgment, with no obligation to repay if no proceeds arrive. That is a non-recourse purchase of a contingent future receipt, which is the same structural description a merchant cash advance funder puts in its own agreement. Article 12 requires a disclosure statement on the front page of the contract, in at least 12-point bold type, itemizing application, processing, attorney review and broker fees separately, stating the “annual percentage fee (rate of return) on advance, compounded semiannually,” and printing the total repayment at 6, 12, 18, 24, 30, 36 and 42 months.
The rest of Article 12 reads like a wish list for the MCA market. Section 12-104(3) gives a five-business-day right to cancel without penalty, §12-104(8) provides that a contract “may not require mandatory arbitration to resolve disputes,” §12-105(1) caps fees at 42 months from the contract date and §12-105(2) forbids compounding more often than semiannually, §12-105(3) requires the rate to be computed on amounts actually received and retained, and §12-106 makes registration mandatory with an initial fee capped at $800, a renewal fee capped at $500, a $100 late fee and a $25,000 net asset requirement. Section 12-107(3) makes registrants report their funding volumes and rates to the administrator every year. Maine knows how to regulate a non-recourse purchase of a future receipt. It just has not done it for yours.
What fills the space in practice is the Uniform Commercial Code, and it fills it narrowly but usefully. Maine codifies Article 9 as Article 9-A of Title 11, so priority among perfected security interests runs under 11 M.R.S. §9-1322(1)(a) to the earlier of first filing or first perfection, which is how you tell which funder in a stack actually controls the receivables. Section 9-1509(1)(a), amended by PL 2023, c. 669 to require authorization in a “signed record,” is the hook for challenging a financing statement filed without an underlying security agreement, and §9-1625(5)(c) puts $500 on that violation independent of any actual loss. Section 9-1513(3) obliges the secured party to file or send a termination statement within 20 days of a signed demand once nothing is owed, with another $500 under §9-1625(5)(d) if it does not.
None of that is a disclosure statute and it should not be sold to you as one. It is a set of documentary defects that cost a funder money and time to fix, which is a different kind of leverage and a real one, because a funder holding a defectively perfected position in a stacked file is negotiating from a weaker place than its balance suggests. If you want the practical version of how those defects get worked in a Maine file, the companion pages on MCA defense in Maine and on terminating a UCC lien after payoff walk through the demand sequence.
4. Six Years, Six Years, and Damages at Double the Transfer
Maine never adopted the 2014 Uniform Voidable Transactions Act. Title 14, chapter 504 is still headed the Uniform Fraudulent Transfer Act, §3571 still says so in terms, and the operative sections still speak of transfers that are “fraudulent as to” creditors rather than voidable transactions. A bill to adopt the UVTA was introduced in the 130th Legislature and withdrawn in committee, and nothing in the chapter has been substantively amended since 2009. The vocabulary matters when you are reading a demand letter, because a Maine creditor writing under chapter 504 is alleging fraud in the statutory sense against transfers you may have made for entirely ordinary reasons, and the two constructive-fraud provisions at §3575(1)(B) and §3576(1) require no bad intent at all.
The limitations periods are where Maine departs hardest from the uniform text, and departing from memory here will cost you. Section 3580 extinguishes an actual-intent claim under §3575(1)(A) unless action is brought within six years after the transfer, or if later within one year after it was or reasonably could have been discovered. It extinguishes the constructive-fraud claims under §3575(1)(B) and §3576(1) within six years. And it extinguishes the insider preference claim under §3576(2) within the same six years. The uniform act gives four years on the first three and one year on insider preferences. Maine gives six across the board, which means the repayment your company made to a family member or a member-manager three years ago is squarely inside the window and would have been outside it in most states.
The Law Court has told creditors and debtors alike exactly what kind of clock §3580 is. In State v. Tucci, 2019 ME 51, 206 A.3d 891, the Court held that §3580 is a statute of repose rather than a statute of limitations, reasoning that the word “extinguished” sets an outer limit on the right itself rather than merely barring the remedy, and that it therefore binds every claimant including the State. The Court also held that §3580 “displaces our general power to apply equitable doctrines to prevent a defendant from asserting a statute of repose as a defense,” which shuts off equitable estoppel and tolling. The other half of Tucci runs against the debtor: the one-year discovery tail turns on what diligence was reasonable in the circumstances, and a creditor’s failure to search the registry of deeds is not by itself a failure of due diligence.
Maine also gives its creditors a remedy the uniform act does not contain, and it is the one that should govern how you think about moving money out of a struggling company. Section 3578(1)(C)(3), added by PL 1991, c. 114, authorizes “damages in an amount not to exceed double the value of the property transferred or concealed.” Section 3578(1)(B) lets the creditor take an attachment or trustee process against the asset transferred or against other property of the transferee, which means the person who received the money can have their own account frozen. Section 3579(1) protects a transferee who took in good faith for reasonably equivalent value, and §3579(4) gives a good-faith transferee a lien to the extent of value given, but neither defense helps a recipient who paid nothing.
None of this is a reason to leave a legitimate transfer undone, and it is emphatically not a reason to move assets ahead of a creditor. It is a reason to build the transfer record before anyone asks for it. The badge list at §3575(2) runs from paragraph A through paragraph K and includes whether the transfer went to an insider, whether the debtor kept possession afterward, whether it was disclosed or concealed, whether the debtor had been sued or threatened with suit, whether it covered substantially all the assets, and whether it happened shortly before or after a substantial debt was incurred. Every one of those is answered with documents, and the documents are cheaper to gather now than to reconstruct under oath at a disclosure hearing.
5. The Freeze Can Arrive Before the Judgment Does
Trustee process is the old New England device and Maine still runs on it. Under 14 M.R.S. §2601 it is available in connection with the commencement of any personal action except a few named tort and replevin categories, and §2603 provides that service on the trustee “binds all goods, effects or credits of the principal defendant entrusted to and deposited in the trustee’s possession, to respond to the final judgment in the action.” Credits deposited with a bank are the operating account. Service on a Maine-authorized financial institution is effected under §2608-A only through the office that institution has designated for trustee process in a registry kept by the Secretary of State, or by written acceptance from an officer expressly authorized to take it. Maine Rule of Civil Procedure 4B(e) then gives the bank 20 days from service to file its disclosure under oath.
The protection is procedural rather than substantive, and it is real. Rule 4B(c) provides that no trustee summons may be served unless attachment on trustee process for a specified amount has first been approved by court order, and that the order “may be entered only after notice to the defendant and hearing and upon a finding by the court that it is more likely than not that the plaintiff will recover judgment, including interest and costs, in an aggregate sum equal to or greater than the amount of the trustee process.” The motion must be supported by an affidavit meeting Rule 4A(i), and any approved trustee process must be served within 30 days of the order. Rule 4B(i) permits an ex parte order only on an additional finding of clear danger that you will remove or conceal the credits or immediate danger that you will dissipate them, and it exempts a grand total of $100 of demand accounts from an ex parte freeze.
Now read the last sentence of Rule 4B(a): “Trustee process under this rule shall not be available before judgment in any action against a consumer for a debt arising from a consumer credit transaction as defined by Maine Consumer Credit Code.” A Maine consumer cannot have a bank account frozen before judgment on a consumer credit debt. Your company can, and it happens on a motion the funder files with the complaint. That single asymmetry is the most consequential thing on this page for an owner running payroll out of one account, because the money stops moving on the day the sheriff serves the designated office and not on the day a judgment enters months later.
After judgment the machinery changes chapters and slows down. A judgment creditor subpoenas the debtor to a disclosure hearing under 14 M.R.S. §3122, served by any method available for a civil summons at least 10 days before the hearing under §3123(3), and §3124 limits repeat disclosures to once every six months absent good cause. Only at that hearing, and only on a showing under §3127-A(1) that there is a “reasonable likelihood” the third party holds property or owes a debt other than earnings, may the court approve service of an order to hold and answer on the bank. That order is served within 20 days, the bank answers within 20 days and must withhold on receipt, and either side has 20 days from the answer to demand a hearing before a turnover order issues under §3131. Section 3134 authorizes a civil order of arrest for a debtor who does not appear, and §3135 directs it at an officer, director or managing agent when the debtor is a company.
The lifespan rules reward whoever is paying attention. Under 14 M.R.S. §4652 no first execution may issue more than one year after the judgment becomes final, and creditors do miss that deadline, though §4654 lets them move to show cause why execution should issue anyway. Section 4653 allows an alias or pluries execution within ten years of the preceding one. Filing the execution with a registry of deeds within three years creates a real estate lien under §4651-A(1), and filing it with the Secretary of State within three years creates a lien on personal property of a type perfectable by financing statement under §4651-A(2), which is how a judgment reaches business equipment and receivables. Section 4651-A(5) voids that lien entirely unless the creditor mails you certified or registered notice on or before the twentieth day after filing. Section 4651-A(9-A) runs a lien created on or after September 1, 2020 for ten years, renewable once, and 14 M.R.S. §864 presumes any judgment paid after twenty years.
6. Section 213 Names the Buyer It Protects and Your Company Is Not It
The prohibition itself is broad. 5 M.R.S. §207 declares unlawful “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce,” §207(1) directs Maine courts to be guided by Federal Trade Commission and federal court interpretations of 15 U.S.C. §45(a)(1), and §206(2) defines a person to include “natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.” Nothing in the definitional section limits the Maine Unfair Trade Practices Act to consumer transactions. An owner reading §206 and §207 in isolation reasonably concludes that a funder’s misrepresentation about a buyout, a fee or a lien position is actionable by the company.
The private remedy at §213(1) is where that reading fails, and it fails inside the opening clause. The subsection begins: “Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property.” Two independent qualifications sit inside that clause. The claimant must be a purchaser or lessee rather than merely someone injured, and the purchase or lease must be primarily for personal, family or household purposes. A merchant cash advance fails both. Your company did not buy goods, services or property from the funder at all, it sold a stated amount of future receipts, and whatever it did, it did for a business purpose.
The Law Court has applied that clause against a corporate plaintiff and the reasoning is worth reading closely because it is not a categorical entity bar. In Seacoast RV, Inc. v. Sawdran, LLC, 2013 ME 6, 58 A.3d 1135, a corporate buyer sued a dealer over a car sold with warranty-voiding modifications and a check engine light covered in electrical tape, and the trial court removed the UTPA claim from the jury. The Law Court affirmed, noting that the sales documents had been redrafted at the buyer’s request to show the corporation rather than an individual as purchaser, that the transaction was arranged dealer to dealer rather than as a personal-use purchase, and that the structure avoided immediate payment of sales tax, and holding that on that record the buyer “did not purchase the Smart Car primarily for personal purposes, and, therefore, cannot bring a private cause of action pursuant to the UTPA.” The test is what the purchase was for, and a business advance answers that question against you before anyone argues it.
What the Act does leave open runs through the Attorney General rather than through your lawyer. Section 209 authorizes the Attorney General to sue for an injunction and empowers the court to “make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss” the money or property acquired by the unlawful practice, and “any person” carries the §206(2) definition that includes corporations. Each intentional violation that the Attorney General proves to be unfair or deceptive carries a civil penalty of not more than $10,000, violating an injunction carries the same figure, and §212 adds $5,000 for obstructing a civil investigative demand. The Attorney General must give the target 10 days notice and an opportunity to confer before filing, unless an affidavit shows immediate irreparable harm. A well-documented complaint from a Maine business is the mechanism that starts that clock.
There is a second Maine statute that does reach business-to-business conduct, and you should know both what it gives and what it withholds. The Uniform Deceptive Trade Practices Act at 10 M.R.S. §§1211 to 1216 defines a person at §1211(5) to include any “legal or commercial entity,” lists twelve deceptive practices at §1212(1) committed in the course of a business or occupation, and expressly provides at §1212(2) that a complainant “need not prove competition between the parties or actual confusion or misunderstanding.” Standing is generous: anyone “likely to be damaged” may sue. The remedy is not. Section 1213 grants an injunction and nothing else, with attorney’s fees available only “in exceptional cases” and only against a defendant found to have acted willfully. It is a stop order, not a damages claim, and it will not reduce a balance.
7. The Numbers Printed in Section 4422 Are Not the Numbers a Court Applies
Start with who owns these exemptions, because it decides whether they are in your case at all. 14 M.R.S. §4421(1-A) provides that “‘Debtor’ means an individual debtor,” and §4422 opens by exempting the listed property “from attachment and execution, except to the extent that it has been fraudulently conveyed by the debtor.” Your LLC has no exemptions of its own. Every dollar in the operating account, every truck, every piece of equipment and every receivable is reachable, subject only to the priority of whatever security interests are already perfected against it. The schedule below matters the moment a personal guaranty puts your own name on the judgment, and not one moment before.
Then read the last paragraph of §4422, because it is the reason the printed figures are wrong. That paragraph directs that the exemptions “are automatically adjusted” for the change in the Consumer Price Index for All Urban Consumers, Annual City Average, for the Northeast Region, beginning April 1, 2024 and every three years after, with the Supreme Judicial Court publishing the adjustment and the results rounded up to the next $50. The Court did exactly that in Administrative Order JB-24-02, promulgated and effective October 24, 2024, which states that the Court “concludes that the last paragraph of section 4422 is ambiguous,” applies the index change from January 1, 2021 to December 31, 2023, and takes effect immediately. The Revisor of Statutes still serves the unadjusted statutory figures, and nothing on that page tells you an order exists.
The gap between the two is large enough to change a decision. The residence exemption at §4422(1)(A) prints $80,000 and is $94,300, with the enhanced figure for a debtor with minor dependents at home, or a debtor or dependent who is 60 or older or disabled under §4422(1)(B), printing $160,000 and standing at $188,550, and the joint-owner ceiling printing $240,000 and standing at $282,800. The vehicle exemption at §4422(2) prints $10,000 and is $11,800. Tools of the trade at §4422(5) print $9,500 and are $11,200. The catchall at §4422(15) prints $500 and is $600, the unused residence spillover at §4422(16) prints $10,500 and is $12,400, and the cash and deposit account exemption at §4422(17) prints $3,000 and is $3,550. Retirement funds at §4422(13-A) print $1,054,550 and stand at $1,242,600.
Several limitations sit underneath those numbers and they are the ones that decide real cases. Maine has opted out of the federal bankruptcy exemption menu at §4426, so a Maine filer takes this schedule and not the 11 U.S.C. §522(d) list. Section 4422(1)(D) makes the residence exemption unavailable against judgments based on torts involving more than ordinary negligence. Section 4422(1)(E) fixes the amount at whatever the exemption was on the date the lien was recorded, so an older lien is measured against an older table. Section 4423 disallows the exemption to the extent that, within 90 days of the attachment, you converted nonexempt property into exempt property beyond your reasonable needs, and §4425 keeps the residence exemption from touching a mortgage or a consensual security interest in the residence at all.
The schedule is also moving. PL 2025, c. 649, enacted from L.D. 2129 and approved by the Governor on April 6, 2026, adds a new §4422(1)(F) exempting a debtor’s principal place of residence from attachment and execution based on medical debt as defined in 32 M.R.S. §11002(7-A), and adds parallel prohibitions in 9-A M.R.S. §5-116-A and 32 M.R.S. §11013. It does nothing for a guaranty on a business advance, and the Revisor’s page does not yet show it. The lesson for anyone pricing a Maine guaranty is that neither the statute page nor a printed table is authority on its own. On earnings, 14 M.R.S. §3126-A(3) caps an installment order at the least of 25% of disposable earnings and exempt income, the amount above 40 times the higher of the federal or Maine minimum wage, or total disposable earnings, which is a more protective floor than the federal 30-times rule. Trustee process cannot reach earnings at all under Rule 4B(a) and §2602(6).
How a Maine Stack Actually Gets Worked
Put the seven together and the sequence a Maine file follows becomes fairly predictable. The paper is priced with no ceiling and carries its own rate into any judgment, no state agency required the funder to show you a number before you signed, and the first hard event is usually not a lawsuit but a motion for approval of attachment on trustee process filed alongside one. That motion is decided on affidavits under a more-likely-than-not standard, which means the record the funder puts in front of the judge is thin and the record you put in front of the judge is the only thing that competes with it. Owners who show up to that hearing with a UCC search, a payment history and a reconciliation demand routinely narrow the amount approved, and Rule 4B(d) expressly lets a defendant limit the attachment to specific property or substitute cash or a bond.
The order in which you work a stack matters more than the order in which the phones ring. Priority among the perfected positions runs under 11 M.R.S. §9-1322(1)(a) to the earliest filing or perfection, so the funder with the oldest financing statement usually has the strongest claim to the receivables and the newest one often has the weakest, and the weakest positions are frequently the loudest. A funder that cannot show an authenticated security agreement supporting its filing under 11 M.R.S. §9-1509(1) is exposed on that filing whatever its balance says, and a funder holding a defectively perfected junior position knows what it collects in a race with a senior lienholder. Those are the facts that move a number, and they come out of documents rather than out of a phone call.
The honest limit on all of this is that a Maine restructuring works with less statutory help than one in New York, California or Utah, and anyone who tells you otherwise is selling something. There is no disclosure violation to plead, no rate cap to argue, no state licensing file to pull. What exists is contract, the Uniform Commercial Code, the fraudulent transfer chapter, the procedural discipline that Rules 4A and 4B impose on a creditor in a hurry, and the ordinary fact that a funder facing a documented dispute, a real reconciliation demand and a company that may not survive collection will usually take a number rather than a fight. In the files we work, that is where most Maine settlements come from, and it is worth knowing before you decide whether to fight or to fund a settlement. If you are still deciding who should handle it, the Maine settlement company comparison lays out what each type of firm actually does.
Who Should You Call? Our Top-Rated Business Debt Firms
One firm on this list works the entire lifecycle of a business debt file, from stopping the daily debits through attorney-led negotiation, UCC lien removal, and a signed release. The other two cover broader debt categories that often sit alongside the advances. Choose accordingly.
Delancey Street
The only firm here that handles the full arc of a business debt file: attorney-led negotiation, ACH revocation, legal defense, UCC lien removal, and a settlement agreement with a real release attached. Over $100M settled, no upfront fees, all 50 states, settlements at 30-60% of the balance.
National Debt Relief
Not an MCA specialist. National Debt Relief does not negotiate advances, challenge confessions of judgment, or fight UCC liens. For the ordinary unsecured business debt sitting next to your advances, their scale and track record make them a reasonable option on that side of the ledger.
CuraDebt
Not an MCA specialist either. CuraDebt handles business debt alongside IRS and state tax resolution, so if unpaid payroll taxes have stacked up behind the advances, they can work that front while the MCA side is negotiated.
Frequently Asked Questions
Find Out What Your Maine File Is Actually Exposed To
Send the funding agreements, a current Maine UCC search on your entity name, and any court paper you have received. You will get back which positions are perfected and in what order, which ones carry a defect worth raising, and a realistic settlement range. You are not charged for the read, and not charged later unless a funder cuts the balance.
Call for a Free ConsultationThis page is provided for informational and educational purposes only and does not constitute legal, financial, or professional advice. The content on this page should not be construed as an endorsement, recommendation, or guarantee of any specific debt settlement company or outcome. Individual results may vary based on the nature of the debt, creditor policies, and the specific circumstances of each case.
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