Indiana Affidavit for Judgment by Confession for Money Due

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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.

The Indiana Affidavit for Judgment by Confession for Money Due is a legal document that allows a creditor to obtain a judgment against a debtor without going through the traditional court process. This particular type of affidavit is applicable in cases where a debtor owes a creditor a sum of money and agrees to confess to the debt, granting the creditor the right to obtain a judgment. To provide some context, an "Affidavit for Judgment by Confession" is a legal mechanism that enables parties to settle disputes and avoid lengthy court proceedings. By signing the affidavit, the debtor effectively admits to owing the specified amount of money and authorizes the creditor to file the document with the court. Once filed, this affidavit is treated as a judgment, allowing the creditor to collect the money owed. Keywords: Indiana, Affidavit for Judgment by Confession, Money Due, legal document, creditor, debtor, confession, judgment, court process, disputes, settlement, court proceedings. In Indiana, there are various types of Affidavits for Judgment by Confession for Money Due, including: 1. Standard Indiana Affidavit for Judgment by Confession for Money Due: This is the standard form used when a debtor agrees to confess judgment without dispute. It includes all the necessary information such as the debtor's name, address, and the amount owed. 2. Indiana Affidavit for Judgment by Confession for Money Due with Installment Payments: This type of affidavit is used when the debtor agrees to pay the owed amount in installments instead of a lump sum. It outlines the terms and duration of the payment plan, ensuring the debtor complies with the agreed-upon terms. 3. Indiana Affidavit for Judgment by Confession for Money Due with Personal Property Collateral: This specific affidavit allows the creditor to secure the debt by obtaining collateral, typically personal property owned by the debtor. It specifies the nature of the collateral, ensuring that the creditor has the right to seize and sell the property in the event of default. 4. Indiana Affidavit for Judgment by Confession for Money Due with Real Estate Collateral: In cases where the debtor owns real estate property, this affidavit allows the creditor to have a lien placed on the property, securing the debt. The affidavit includes details about the property, including its location and legal description. It's important to note that while an Indiana Affidavit for Judgment by Confession for Money Due provides creditors with a simplified and efficient method for obtaining a judgment, it is crucial for debtors to understand the potential consequences of signing such a document.

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How to fill out Indiana Affidavit For Judgment By Confession For Money Due?

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In a commercial lease agreement for real property, for example, a confession of judgment can be used by the landlord to quickly retake possession of the property or to obtain a money judgment against a non-paying tenant for unpaid rent, CAM and utilities.

Basic Procedure: The papers are submitted to the clerk of the court for entry; the court then places its imprimatur on it. It may be entered in any court having jurisdiction for the amount involved. [CCP §1132(a)] The judge then signs a judgment which specifies the principal due, interest accrued, and costs incurred.

In fact, it is a Class B misdemeanor to knowingly obtain either a confession of judgment or take advantage of a cognovits note in Indiana. Ind. Code § 34-54-4-1.

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.

A satisfaction of judgment may be filed to inform the court a judgment or order has been satisfied. This event should not be used in place of a Satisfaction of Claim.

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.

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.

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(2) the confession is not made for the purpose of defrauding the person's creditors. The affidavit shall be filed with the court. As added by P.L.1-1998, SEC.50 ... This article reviews the legal requirements for filing a judgment by confession, offers some practical guidance to facilitate filing, and reviews certain ...How to fill out Rule 68 Offer Of Settlement? Make use of the most complete ... It is a document in the form of an affidavit by the party confessing judgment. May 25, 2018 — The Indiana Code defines a cognovit note as “a negotiable instrument or other written contract to pay money that contains a provision or ... The Plaintiff fills out a simple form called a Notice of Claim form stating why the Defendant owes him or her money or that the Defendant has property which ... The Plaintiff must be the person or business to whom the money is due. ... When you have received payment in full of your judgment, you are required to file a. by D Hopson Jr · 1961 · Cited by 101 — procedural statutes were to cover confessions after suit was filed in any type of case, not just ... that the attorney file the affidavit. If successful, this ... by BC Gavit · 1925 — power makes an affidavit that the debt is just and owing and that such confession is not made for the purpose of defrauding his creditors. Section 1004 is ... action to enforce payment of money claimed to be due thereon and confess ... affidavit stating that the events have occurred which make the full sum due. 47. by HW Classen · 1992 · Cited by 6 — A cognovit judgment is a confession of judgment by the debtor which directs a court to enter a judgment against the debtor in the event the debtor defaults on.

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Indiana Affidavit for Judgment by Confession for Money Due