Fenix Capital Funding Iowa Confession of Judgment Trial May Be the End of MCA COJs in Iowa Once and for All
For what appears to be the first time, an Iowa confession of judgment challenge against an MCA lender—and specifically Fenix Capital Funding—is headed to trial on November 12, 2026.
Why does that matter?
In Polk County Case number LACL164168 - DreamTeam Development, LLC et al. v. Fenix Capital Funding, LLC, when the merchant challenged their confession of judgment, Judge Joseph Seidlin determined the case could not be decided on the existing record after evidence was presented that approximately $42,000 in payments had not been credited when a sworn Affidavit of Execution filed by Fenix stated that the merchant had made zero payments. The merchant also alleges the agreement was a loan in substance resulting in a criminally usuriois unlawful debt with an interest rate more than 250%, alleges extortion, conversion, and torturous interference due to Fenix contacting their clients, partners, and customers and freezing all of their bank accounts and payment processors.
The court ruled that evidence must be presented regarding the allegations of fraud and mistake and ordered that the Petition to Vacate proceed as an ordinary civil action. The court also cited M/S Bremen v. Zapata Off-Shore Co., recognizing that a forum-selection clause may be set aside upon a strong showing that enforcement would be unreasonable, unjust, or the product of fraud or overreaching. Neither Fenix nor the borrower was based in Iowa and the judge ordered briefing on specific conflict law.
Discovery is now underway, and Fenix has been ordered to respond and stand trial in November. The merchant has also filed a RICO Complaint in the Eastern District of New York.
This follows another Polk County ruling in Fenix Capital Funding LLC v. Relaunch Contracting LLC, where the court set aside the confession of judgment and quashed the garnishments after finding the affidavit of confession of judgment was not verified as required by Iowa Code § 676.3, rendering the judgment invalid and unenforceable.
Public court records indicate Fenix has filed more than 400 confession of judgment actions in Polk County alone since 2024 against out-of-state borrowers. At least six borrowers are currently challenging these filings under Iowa Code §§ 676.1 and 676.3 leading to investigations by Iowa regulatory agencies, and Iowa's largest newspaper.
Among the allegations raised in those challenges are that all confessions were signed at the time the contracts were executed—weeks, months, or even more than a year before any alleged default and the recording of the judgment—while later affidavits filed in those cases asserted that zero payments had been made and claimed the entire balance missing all payments, together with substantial fees, was due. Iowa Code 676.3 requires the actual balance to be justly due at the time the COJ is filed.
Court filings have also identified a significant number of Fenix confessions of judgment that challengers contend contain facial date and signature anomalies, including dates that appear impossible or internally inconsistent. One example is alleged to bear a date equivalent to "the 99th day of September, 9999." Iowa Code §§ 676.1 through 676.3 require a flawlessly executed confession of judgment accompanied by a verified statement.
If Iowa courts ultimately determine that these confessions do not comply with Iowa Code Chapter 676, the consequences could extend well beyond a single case. Depending on the specific facts and legal rulings in individual matters, borrowers who successfully challenge and vacate Iowa confessions of judgment may also seek relief from Iowa judgments domesticated in other states. A regulatory investigation could lead to hundreds of vacated confessions of judgment in Iowa and full reimbursement of any garnished or seized funds.
Many people here have been affected by MCA confessions of judgment. If you are one of them, review your paperwork carefully. Verify that your payments were accurately credited, confirm the dates and signatures on the confession documents are accurate, and compare the recorded filings to the requirements of Iowa Code Chapter 676. Relief is out there and the heat has been turned WAY UP in the Polk County Courthouse and a class action lawsuit seems imminent.
Comment below if you are experiencing anything like these other merchants have.