Connecticut USLegal Pamphlet on Confession of Judgment

State:
Multi-State
Control #:
US-PMPH-11
Format:
Word; 
Rich Text
126 downloads

Description

This pamphlet provides an overview on the use of a confessed judgment clause in contracts. Topics covered include how to draft a confession of judgment clause, as well as how to enforce it.

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FAQ

Sec. 52-607. Other rights of action preserved. The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint instead of proceeding under sections 52-604 to 52-609, inclusive, remains unimpaired.

Confessions of judgment on consumer loans are outlawed by the Federal Trade Commission but are still legal on business loans in certain states: Illinois, Maryland, Michigan, Minnesota, New Jersey, Ohio, Pennsylvania, Virginia and Texas.

How long does a judgment lien last in Connecticut? A judgment lien in Connecticut will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or five years (liens on personal property).

Except as otherwise provided by law, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section and NRS 17.100 and 17.110.

In the example: "The undersigned irrevocably authorizes any attorney to appear in any court of competent jurisdiction and confess a judgment without process in favor of the creditor for such amount as may then appear unpaid hereon, and to consent to immediate execution upon such judgment.", there is an unlimited risk ...

Within California, a confession of judgment is available as a creditor's remedy. In these bankruptcy or other creditor/debtor circumstances, it is also known as a ?cognovit judgment.?

Connecticut does not recognize confessions of judgment.

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Connecticut USLegal Pamphlet on Confession of Judgment