A confession of judgment is a written agreement in which the defendant in a lawsuit admits liability and accepts the amount of agreed-upon damages that must be paid to the plaintiff. A confession of judgment may be filed as a court judgment against the defendant who does not pay or perform as agreed. Such an agreement attempts to minimize the need to resort to legal proceedings to resolve a dispute. Careful consideration needs to be given to signing an agreement for confession of judgment, since doing so signs away rights to contest a claim in a future dispute.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Rule 68 offers of judgment are legal tools used in civil lawsuits that allow defendants to put forward settlement offers to plaintiffs. This form serves to encourage early settlement and aims to protect both parties from the potential risks and costs associated with ongoing litigation. If a plaintiff rejects a valid Rule 68 offer and fails to obtain a more favorable judgment, they may be required to pay certain post-offer costs incurred by the defendant. One type of Rule 68 offer of judgment form with plaintiffs is a "Lump Sum Offer." In this scenario, the defendant offers a fixed sum of money to settle the case entirely. If the plaintiff accepts the offer, the case will be resolved, and the plaintiff will receive the agreed-upon amount as a settlement. However, if the plaintiff rejects the offer and fails to obtain a more advantageous judgment, the plaintiff may have to pay the defendant's post-offer costs. Another type of Rule 68 offer of judgment form with plaintiffs is a "Structured Settlement Offer." This type of offer involves the defendant proposing a payment plan, typically spread out over a predetermined period. With a structured settlement, the defendant may offer a combination of an upfront lump sum payment and subsequent periodic payments. If the plaintiff accepts this offer, they will receive the agreed-upon payments as per the structured settlement arrangement. Should the plaintiff decline the offer and fail to achieve a more favorable outcome at trial, they may end up being responsible for the defendant's post-offer costs. It is important to note that while Rule 68 offers can be a means of resolving legal disputes outside of court, plaintiffs should carefully evaluate each offer's terms and implications before making a decision. Consulting with legal counsel is highly recommended assessing the validity and fairness of any proposed settlement offer under Rule 68.
