Illinois Affidavit for Judgment by Confession for Money Due

State:
Multi-State
Control #:
US-03303BG
Format:
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

Not every state permits a confession of judgment, but Illinois does. This provision is often used in promissory notes, mortgages, guarantees or other contracts in which one party is borrowing money.

A creditor can use the judgment to collect money from you. They may take some of your wages, money in a bank account, or sell your home. The process is commonly called garnishment even if a Citation to Discover Assets form is used.

O The court is more likely to grant your Motion to Vacate Default Judgment of Foreclosure if you file it no later than 30 days after the date the default judgment was entered against you.

File a Citation to Discover Assets This will allow you to learn what property the debtor owns, and then try to collect against it. Fill out our form citation. Once you file it with the Clerk, you must serve the debtor with a copy of the citation. This means you must deliver a copy to them through the sheriff.

A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.

After a default judgment has been awarded, the respondent has one last chance to contest it. He or she will have thirty days to ask the court to vacate this judgment. After this time period has passed, the default judgment is considered final.

Sec. 2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs.

If a judgment is old, it may need to be revived before it can be enforced. Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.

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Illinois Affidavit for Judgment by Confession for Money Due