For a business debt settlement company to be worth considering in New Hampshire, they need to hold a debt adjuster license under RSA 399-D, which covers companies that negotiate debt for individuals or businesses. The license requires holding customer deposits in a trust account and caps fees at 15% of the debt in the settlement contract.
National lists of business debt settlement companies don’t say whether the companies they rank are licensed in New Hampshire. So we will discuss what New Hampshire law says about business debt settlement, and then the legal issues a provider will be resolving for your business after a MCA funder begins collecting.
Do Business Debt Settlement Companies Need to be Licensed in New Hampshire?
Business debt settlement companies must be licensed in New Hampshire. RSA 399-D:2 requires a license for anyone doing debt adjustment “in this state or with persons located in this state.” Under RSA 399-D:1, a “debtor” is “a person who owes or is obligated to another or others,” and “person” includes corporations, partnerships and “any other legal or commercial entity however organized.” Debt adjustment includes negotiating with creditors on behalf of debtors.
Only a few exemptions are listed in RSA 399-D:3: lawyers admitted in New Hampshire who are actually practicing law, financial institutions, court-appointed fiduciaries and employees of a licensee. A lawyer admitted only in New York would not fit the attorney exemption on its face. The Banking Commissioner may exempt others by rule or order, so if a provider says it is exempt, ask to see that rule or order.
Debt adjusters apply through NMLS, and you can use NMLS Consumer Access to see if a provider has a New Hampshire debt adjuster license. Licensees must also carry a $25,000 surety bond payable to the state under RSA 399-D:4. Under RSA 399-D:21, a contract with an unlicensed debt adjuster is null and void, and it must refund the compensation it collected. For more on bad actors, see our article Is Business Debt Settlement Legit or a Scam?
What must a licensed settlement firm do for a New Hampshire business?
Licensed companies are required to follow certain rules when settling a business’s debt:
| Requirement | What the statute says | Source |
|---|
| Fee timing | No settlement fee until the contract has been in effect 30 days, then monthly at 30-day intervals | RSA 399-D:16 |
| Fee cap | 15 percent of the total indebtedness stated in the contract | RSA 399-D:16 |
| Your deposits | Held in a pooled trust account, deposited within 24 hours | RSA 399-D:16 |
| Paying creditors | Within 10 calendar days of a negotiated settlement | RSA 399-D:16 |
| Statements | Every 90 days and on request | RSA 399-D:16 |
| Before signing | A written budget analysis | RSA 399-D:16 |
| Contract | Written, lists creditors and total charges, 60 months at most | RSA 399-D:14 |
Many national lists say you can expect to pay between 15% and 25% of the debt you enroll. But under RSA 399-D:16, it looks like the fee is capped at 15% of the debt in New Hampshire. For more about fees, see our article Do Business Debt Settlement Companies Charge Upfront Fees?
Does New Hampshire Have a Usury Law that Caps Interest Rates on Business Loans and MCAs?
New Hampshire sets a 10% rate on business transactions, but RSA 336:1 applies it only “unless otherwise agreed upon in writing.” New Hampshire also has no commercial financing disclosure law, so a provider will likely argue usury under the law chosen in the MCA contract. If that is New York law, see our article Best Business Debt Settlement Companies in New York.
What can a funder take from a New Hampshire guarantor?
Your house is pretty well protected. Since January 1, 2026, RSA 480:1 exempts up to $400,000, or up to $550,000 combined for spouses. If you sell and reinvest the proceeds in another house within six months, those proceeds are still protected. Older pages online may still list the old $120,000 exemption.
Your bank accounts are not so well protected. RSA 511:2 exempts $5,000 in "tools of the trade," $10,000 in a vehicle, $3,500 in furniture and $1,000 in "wildcard" property, which certain unused exemptions can raise by up to $7,000. There is no general exemption for money in the bank. Under the trustee process in RSA 512:21, wages earned before service are exempt up to fifty times the federal minimum hourly wage per week, currently $362.50 (at $7.25 per hour), and accounts designated as payroll accounts are exempt. Your provider can tell you what the funder can really get.
What happens in New Hampshire after a funder wins in New York?
The funder has to file the judgment with a New Hampshire court under RSA 524-A. It files a copy authenticated by the New York court with the district or superior court clerk, plus an affidavit giving your address, and the clerk mails you notice. No execution can issue until fifteen days after filing. If you appeal in New York or get a stay there, and post the security New Hampshire would require, enforcement here may be stayed too. Ask your provider how they have used that window in the past.
Will my case be heard on the Business and Commercial Dispute Docket?
Only if it meets RSA 491:7-a, which requires that all parties agree, at least one party be a business entity, no party be a consumer and damages sought exceed $50,000. Most MCA contracts require suit in New York, so this matters only if the funder sues in New Hampshire, or you sue the funder or provider here.
Frequently Asked Questions
What if I signed up with a settlement company that was not licensed?
Under RSA 399-D:21, the company has to return all of the compensation that it collected from you, and the contract is null and void. A knowing violation can also be prosecuted as a felony for a company or a misdemeanor for an individual.
Can the settlement company give me legal advice or send me to a lawyer?
No. Under RSA 399-D:13, a licensed debt adjuster cannot give you legal advice, have employees who give you legal advice, refer you to a specific lawyer or receive any compensation for referring you to a lawyer. You will have to find a lawyer on your own.
Does New Hampshire have a law that requires disclosures for commercial financing?
As of March, 2026, no. Venable surveyed state commercial financing disclosure laws, and only ten states have them, including New York, Connecticut and Virginia, but not New Hampshire.
How long do I have to live in my house to claim the homestead exemption?
RSA 480:1 says that you have to use the property as your primary residence continuously for the twelve (12) months prior to claiming the exemption.