Hawaii Affidavit for Judgment by Confession for Money Due

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Multi-State
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US-03303BG
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Word; 
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Description

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.

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FAQ

A confession of judgment (COJ) is a legal agreement that, once signed, indicates a borrower accepts liability for their loan, waiving all legal defenses if they default. A COJ, sometimes called a cognovit note, is one of the documents that could slip through the cracks when signing your loan paperwork.

Confessions of judgment must also state the county in New York where the defendant resided when it was executed. The plaintiff may only file the confession in that county or, if the defendant has moved to a different county after execution, the county where the defendant resided at the time of filing.

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.

Any person against whom a cause of action exists may, without process, appear in person or by attorney, and confess judgment therefor in open court as follows: (a) A petition shall be filed and the justness of the debt or cause of action be sworn to by the person in whose favor the judgment is confessed.

? Judgment by confession may be entered only in the county where the defendant resides or has real property or in the county where the plaintiff resides but the entry of judgment in any county shall be conclusive evidence that this section has been complied with. (d) Form of entry.

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.

As of January 1, 2023, however, California updated its Code of Civil Procedure Section 1132 to render judgments by confession unenforceable and inadmissible in any Superior Court. The law does not apply the foregoing provision to a judgment by confession obtained or entered before January 1, 2023.

One reason for this may be because the use of confessions of judgment, by lenders, is prohibited by Florida statute. A confession of judgment is basically a contract provision which allows a creditor to enter a judgment against a debtor without the need to file a complaint or to conduct a trial.

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Hawaii Affidavit for Judgment by Confession for Money Due