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A typical confession of judgment provision in a commercial contract (e.g., a promissory note) authorizes the creditor upon a default under the agreement to obtain a judgment for the amount owed without notice to the debtor(s) or guarantor(s), and allows the creditor to immediately execute on the judgment.
Primary tabs. A confession of judgment is a legal device - usually a clause within a contract - in which a debtor agrees to allow a creditor, upon the nonoccurrence of a payment, to obtain a judgment against the debtor, often without advanced notice or a hearing.
A confessed judgment clause allows a creditor's attorney to file an affidavit with the lawsuit and effectively confess, on behalf of the debtor, that the judgment is owed. If filed correctly, the Court can immediately enter judgment against a debtor.
One tool used may be confessed judgments which are disfavored in Maryland. These clauses are illegal in consumer contracts in Maryland. However, that may not stop an unscrupulous creditor or debt collector from trying to use one as a negotiation mechanism.