The best business debt settlement companies in Georgia are ones that know about Georgia's refusal to enter pre-litigation confessions of judgment, its SB 90 commercial financing disclosures, its 5% per month criminal usury ceiling, and its July 2026 homestead increase.
There is no published data with verified outcomes for any Georgia provider, so we cannot recommend a list. Here is the Georgia law to know.
Can a funder use a confession of judgment against a Georgia business?
Georgia will not enter a confession of judgment signed before the suit was filed. OCGA 9-12-18 provides that the action "must have been regularly filed and docketed." The Georgia Supreme Court in Information Buying Co. v. Miller, 173 Ga. 786 (1931) held that an agreement to confess made months before suit could not support a judgment.
The funder could take your confession to a state that allows them and file the judgment in Georgia, where under OCGA 9-12-132 it has the same effect as a Georgia judgment. In Parker v. Fidelity Bank, 151 Ga. App. 733 (1979), a Pennsylvania confession of judgment against a Georgia resident got full faith and credit. A good provider's attorney will know Homeowners Mortgage of America v. Chase Home Finance, 294 Ga. App. 153 (2008), where a New Jersey judgment was set aside for lack of personal jurisdiction, and LeRoy Village Green v. Downs, 310 Ga. App. 754 (2011), where a valid New York default judgment was enforced. See our page on whether confessions of judgment are still legal.
What does Georgia's SB 90 disclosure law mean for your MCA?
For deals consummated on or after January 1, 2024, funders doing more than five Georgia deals a year must provide a written disclosure under OCGA 10-1-393.18 for an "accounts receivable purchase transaction" (which includes a merchant cash advance) that is not over $500,000.
It must show funds provided, funds disbursed after fees, total repayment, total dollar cost and the payment schedule. No APR is required, and a modification needs no new disclosure. Only the Attorney General can enforce the law, at $500 per violation, up to $20,000 per deal.
There is no private right of action, and violations "shall not affect the enforceability of any underlying agreement." A complaint gives you some leverage, but anyone who says SB 90 violations cancel the debt is misrepresenting the law. Read the enrolled text of SB 90.
Does Georgia have a usury ceiling that applies to merchant cash advances?
Georgia has a usury ceiling, but it only applies if the deal is considered to be a loan. OCGA 7-4-18 makes it a misdemeanor to charge over 5% per month "by any contract, contrivance, or device whatsoever." OCGA 7-4-2 keeps the ceiling for loans over $3,000.
Georgia's courts average the interest over the months of the deal, Fleet Finance, Inc. v. Jones, 263 Ga. 228 (1993). A $50,000 advance repaid with $72,500 over six months costs $3,750 per month, or 7.5%, which is usurious if treated as a loan. Over ten months it is $2,250, or 4.5% per month, which is not. Some claim a funder's "purchase" label under SB 90 defeats usury, but SB 90(c) only covers Chapter 1 of Title 7, and usury is in Chapter 4. Recharacterization takes an experienced attorney, and New York choice-of-law clauses complicate it; see whether a merchant cash advance can be usurious.
How much of your home does Georgia's homestead exemption protect?
$50,000 (as of 7/1/2026) for purposes of bankruptcy. H.B. 1024 raised it from $21,500 in O.C.G.A. 44-13-100, with inflation indexing beginning in 2031. It is $100,000 if the house is titled in one spouse who is a debtor but is both spouses' primary residence.
That is small next to a large MCA guarantee, and it applies only for bankruptcy purposes. A separate statute governs levies under a state court judgment, so consult a Georgia lawyer before settling ahead of judgment.
Where will a Georgia owner actually be sued?
You will most likely be sued in New York, because most funder contracts pick New York courts, and the judgment is then domesticated in Georgia. Georgia has a State-wide Business Court, but only about 125 cases have been filed since August 2020. Under O.C.G.A. 15-5A-3 it needs at least $500,000 in controversy when damages are sought. A guarantor sued individually can object within 30 days of service, so typical MCA suits rarely land there.
How should you vet a business debt settlement company in Georgia?
- Are they subject to the Debt Adjustment Act? If so, their fees are capped at 7.5% of the monthly distribution to your funders. The Act exempts the practice of law.
- Will they file an Attorney General complaint if your post-2024 deals lacked SB 90 disclosures?
- Can they calculate the 5% per month for each position, or send you to a lawyer who can?
- Who defends you in New York or Georgia if talks fail?
The Georgia Consumer Protection Division explains the Act's trust account and audit duties. No case decides whether the Act reaches business-only debt, but in Moon v. CSA-Credit Solutions of America, Inc., 304 Ga. App. 555 (2010), a company could not contract out of the Act with an out-of-state forum clause. For fee structures, see what business debt settlement costs.
Frequently Asked Questions
Georgia doesn't allow pre-suit confessions of judgment. Can a funder still obtain a judgment quickly?
Yes, in some cases. A funder can obtain a confession of judgment in a state that allows one and file it in Georgia under O.C.G.A. 9-12-132, where it has the same effect as a Georgia judgment. You can file a motion to set aside the judgment if the court that entered it lacked personal jurisdiction over you, but the Georgia courts will enforce a valid judgment from another state.
My MCA was funded after January 2024 and I never got a disclosure. What can I do?
If the MCA was $500,000 or less and the funder does more than five Georgia deals a year, the funder likely owed you the disclosure. You can file a complaint with the Georgia Attorney General, who is the only entity who can enforce SB 90. You cannot file a lawsuit under SB 90, and the contract is not void for failing to provide the disclosure.
If a funder sues me as a guarantor and wins, can they take my house?
The homestead exemption in Georgia for your residence is $50,000 for purposes of bankruptcy. It is $100,000 if the house is titled in one spouse who is a debtor but is both spouses' home. There is a separate statute which determines whether your home can be levied on by a judgment creditor.