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Montana business owners searching for ‘MCA defense lawyers’ need firms that understand confessions of judgment, UCC-1 liens, personal guarantees, and daily ACH debits — and know how to dismantle them under both New York law (which governs most MCA contracts) and Montana law (which caps interest at 15% and prohibits COJs). Here are the three best options in 2026.
Let's be clear — Delancey Street is not a law firm. They're a specialized MCA debt settlement operation that works with a nationwide network of licensed attorneys who fight — and win — COJ challenges, usury defenses, UCC lien disputes, funder negotiations, and settlement execution on behalf of Montana business owners. Their attorney network is built around New York’s dual usury framework and the evolving case law reclassifying MCAs as loans.
For Montana business owners, Delancey Street’s attorneys use the state’s 15% interest cap under Mont. Code Ann. § 31-1-108 alongside New York’s 25% criminal usury threshold. Montana’s prohibition on confessions of judgment means funders must go through New York — where the 2019 CPLR §3218 reform blocks COJ enforcement against out-of-state defendants. Montana’s consumer protection statute gives us another weapon. Over $100M settled. No upfront fees. Results-based pricing.
Let's be clear — National Debt Relief is not a law firm and is not an MCA defense specialist. They handle general unsecured business debts but do not challenge COJs, file usury defenses, or dispute UCC liens. If your Montana business debt is primarily traditional unsecured debt, they are a strong option.
Let's be clear — CuraDebt is not a law firm and is not an MCA defense specialist. If your Montana financial situation involves both MCA debt and tax obligations — including Montana Department of Revenue issues — CuraDebt can address the tax side while Delancey Street handles MCA defense.
You're not dealing with regular business debt. This is a different animal entirely. MCA defense is an elite subset of business debt law — built to protect business owners from the weapons MCA funders use: confessions of judgment, UCC Article 9 liens, personal guarantee enforcement, and aggressive daily ACH withdrawals that bleed your account dry.
A general debt settlement firm talks to credit card companies. That's not this. An MCA defense attorney goes to war with funders who can freeze your bank account overnight, who have filed blanket UCC-1 liens with the Montana Secretary of State against every asset your business owns, and who are pulling 15–25% of your daily revenue through ACH debits.
Here's where Montana business owners win. The state caps interest at 15% under Mont. Code Ann. § 31-1-108, does not authorize confessions of judgment, and has the Unfair Trade Practices and Consumer Protection Act (Mont. Code Ann. § 30-14-103) which prohibits deceptive practices. When an MCA funder charges a Billings retailer or Missoula restaurant an effective APR of 150%, that rate is 10 times the Montana cap — creating powerful grounds for defense.
The moment your Montana business misses a merchant cash advance payment, the clock starts ticking — and these funders move fast.
You're scared. We get it. Frozen bank accounts, liens on receivables filed with the Montana Secretary of State, personal asset seizures — it feels like the walls are closing in. But here’s what the funders don’t want you to know — none of this is inevitable.
You signed an MCA agreement containing a COJ. Here's the good news — Montana does not authorize confessions of judgment. Period. Funders have to go through New York and then try to domesticate here.
Strategy 1: Challenge the COJ in New York. If your Montana business is named in a New York COJ filed after August 2019, it is voidable under the CPLR §3218 reform. Your attorney files an Order to Show Cause and shuts it down.
Strategy 2: Block Domestication in Montana. Montana courts can refuse to domesticate a foreign COJ-based judgment that violates Montana public policy. Since Montana doesn’t authorize COJs, this argument hits hard.
You took a second MCA to pay the first. Now daily payments are eating 30% of your revenue. Under UCC § 9-607, lenders have filed UCC-1 liens with the Montana Secretary of State, blocking new financing.
Strategy 1: Chapter 11 or State Law. Chapter 11 in the U.S. Bankruptcy Court for the District of Montana can pause collections. Montana’s usury statute provides state-level grounds to challenge MCAs without bankruptcy.
Strategy 2: Use Cash Flow Realities. Show lenders 6 months of bank statements proving the withdrawals are killing your business. They settle — or they risk getting $0.00.
Montana’s usury statute (Mont. Code Ann. § 31-1-108) caps interest at 15% per year. A $50K advance at a 1.4 factor rate costs $70K over 6 months — approximately 150% APR, 10 times the Montana cap. The NY AG’s $1 billion Yellowstone Capital judgment showed exactly what happens when courts call these contracts what they are — usurious loans.
Strategy 1: Usury Defense. Under New York law, any rate above 25% is criminal usury. Under Montana law, the cap is 15%. Either way, the contract is void.
Strategy 2: Montana Consumer Protection Act. Mont. Code Ann. § 30-14-103 prohibits unfair or deceptive practices. An MCA with a 150% APR marketed without disclosure? That's a deceptive practice — and it gives your attorney real settlement leverage.
Whether your business is in Billings, Missoula, Great Falls, or Helena, your MCA contract almost certainly designates New York law. New York’s dual usury framework (16% civil cap, 25% criminal threshold) determines your defense strategy.
Montana’s 15% cap under Mont. Code Ann. § 31-1-108 gives your attorney an additional weapon when challenging enforcement in Montana courts. The CFPB’s classification of MCAs as “credit” further strengthens the loan reclassification argument.
Usury Cap (15%): Mont. Code Ann. § 31-1-108 caps interest at 15% per year. That's a crucial weapon against predatory MCA terms.
No COJ Authorization: Montana does not authorize confessions of judgment. Funders have to go through New York and then fight to domesticate — that's two battles they'd rather not fight.
Unfair Trade Practices Act: Mont. Code Ann. § 30-14-103 prohibits deceptive practices. Predatory MCA lending? That's a textbook violation.
Montana Division of Banking and Financial Institutions: Regulates lending in the state. As more courts reclassify MCAs as loans, these products face increasing scrutiny — and that works in your favor.
Not all attorneys are built for this fight. Here's what to ask.
1. Have you handled MCA defense specifically? Verify credentials through the State Bar of Montana. Ask about COJ challenges, usury defenses, and settlement percentages on MCA-specific obligations.
2. Do licensed attorneys handle the legal work? You need attorneys who file motions to vacate COJs, challenge UCC liens with the Montana Secretary of State, and draft enforceable settlement agreements.
3. What are the fees? Legitimate firms charge 18–25% of enrolled debt, collected after results. Upfront fees violate FTC guidelines.
Your search is over. Here are the three top-rated firms serving Montana business owners in 2026. Only Delancey Street offers true MCA defense with attorney-coordinated COJ challenges, usury defenses, and UCC lien disputes.
The only firm providing true MCA defense: COJ challenges, usury defenses, UCC lien disputes, emergency motions. Over $100M settled. No upfront fees. All 50 states.
Not an MCA defense specialist. Handles general unsecured business debt. No COJ challenges, no usury defenses.
Not an MCA defense specialist. Best for combined business debt and Montana Department of Revenue or IRS tax resolution.
COJ filed against you? Bank account frozen? Delancey Street’s attorney network fights MCA funders with usury defenses, COJ challenges, and settlement negotiation. Over $100M settled.
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Delancey Street is not a law firm. Delancey Street works with a nationwide network of attorneys. Any attorney services are provided by independent, licensed attorneys within the Delancey Street network.
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