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.
District of Columbia USLegal Pamphlet on Confession of Judgment
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US-PMPH-11
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FAQ
It may only be used when no action has been commenced in court. The courts have held that such a process constitutes the defendant waiving vital Constitutional rights, such as the right to due process, thus have imposed strict requirements in order to have the confession of judgment enforceable.
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.
Two of the most common methods for collecting a judgment are using the garnishment process to take money from a paycheck or a bank account, or hiring a collection agency to seek payment. A collection agency will take steps to find assets to collect.
The statement must be presented to the superior court or a judge thereof, and if the same be found sufficient, the court or judge shall indorse thereon an order that judgment be entered by the clerk; whereupon it may be filed in the office of the clerk, who shall enter a judgment for the amount confessed, with costs.
Basic Procedure: A confession of judgment is a written statement, signed and verified by the defendant under oath. It must be accompanied by an independent attorney's declaration. The papers are submitted to the clerk of the court for entry; the court then places its imprimatur on it.
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.
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.
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.