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What is a confession of judgment in an MCA contract?

A clause where the business pre-agrees to a court judgment if it defaults. Several states restrict them; read whether your agreement contains one before signing.

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What a confession of judgment means in a funding contract

A confession of judgment (COJ) is a clause in which the business, and sometimes the guarantor, agrees in advance that the funder can obtain a court judgment if the business defaults, without a traditional lawsuit in which the business defends itself. Several states restrict their use, so understanding the clause before signing matters.

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24 hours

Amount to request

$85,000.00

Funding range$25K to $5M

*Sample amounts shown. Your actual offer depends on your business and is reviewed before approval.

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You can apply at 500; stronger credit opens more products.

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Your file goes to funders that fit it, so offers can be compared.

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Existing balances of $100,000 or less can be bought out.

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How it actually works

How it works: the borrower signs an affidavit or similar document admitting liability for a specified amount upon default. If the funder declares a default, it can file that document with a court to obtain a judgment quickly, which may then be used to freeze bank accounts or pursue collection. The business may have limited opportunity to dispute the default before the judgment is entered.

Why it matters: COJs have drawn scrutiny in commercial financing. In 2019, New York amended its law to bar the filing of confessions of judgment against defendants who do not reside in New York, after reporting on their use against out-of-state small businesses. Other states have their own rules, and federal legislation has been proposed. The legal landscape continues to evolve, so check current rules for your state.

What to look for: search the agreement for confession of judgment, affidavit of confession or similar language, and check whether it applies to the business, the guarantor or both. Read what counts as a default, because the COJ is triggered by that definition; vague default clauses combined with a COJ increase risk.

Questions to ask: Does this agreement include a COJ? Is it enforceable in my state? Can it be removed? What notice will I receive before any default is declared? A funder confident in its process should be able to answer clearly.

Consider alternatives. Many funding agreements do not include a COJ. If two offers are otherwise similar, the one without a COJ generally carries less legal risk for the business owner.

MFE provides written agreements so clauses like this can be reviewed, ideally with an attorney, before signing.

A worked example

Here is an offer whose agreement you would review for a confession of judgment clause. Illustrative numbers.

Amount funded$125,000
Factor rate1.40
Total payback (amount × factor)$175,000
Fees deducted at funding (2%)$2,500
Net cash you receive$122,500
Weekly payment over 36 weeks$4,861
Same total as daily debits (~180 business days)$972/day

Illustrative numbers only. Your offer depends on your file; always compare net cash and total payback in writing.

Confession of judgment checklist

Does the agreement include one?Search for COJ language
Who signs it?Business, guarantor or both
Default definitionWhat triggers it
State lawSome states restrict use, e.g. New York for out-of-state defendants
AlternativesOffers without a COJ

Who this fits — and who should wait

Good fit:

Probably not yet:

Related questions

Frequently Asked Questions

What is a confession of judgment?

A pre-signed agreement allowing a funder to obtain a judgment on default without a traditional lawsuit.

Are confessions of judgment legal everywhere?

No, several states restrict them; New York bars filing against out-of-state defendants since 2019.

Who signs a confession of judgment?

The business, the guarantor or both, depending on the agreement.

What triggers it?

The agreement definition of default.

Can I ask to remove it?

You can ask; some funders do not use them at all.

Should I have an attorney review it?

Yes, especially before signing an agreement that includes one.

Payroll $25K
Inventory $60K
Equipment $90K
Expansion $150K

Example uses for illustration only.

How to improve your chances

Before you apply:

  • Search for COJ language
  • Read the default definition
  • Check your state rules
  • Prefer offers without a COJ

Merchant Fund Express vs. a traditional bank

Merchant Fund Express
Traditional bank loans
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Same day
Weeks
Credit to apply
500 minimum
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Not required for most offers
Often required
Documents
Bank statements and ID
Tax returns, financials, plans
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