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.
Indiana USLegal Pamphlet on Confession of Judgment
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US-PMPH-11
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How to fill out USLegal Pamphlet On Confession Of Judgment?
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FAQ
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.
What Is a Confession of Judgment? A confession of judgment is a written agreement, signed by the defendant, that accepts the liability and amount of damages that was agreed on. A confession of judgment is a way to circumvent normal court proceedings and avoid a lengthy legal process to resolve a dispute.
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.
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.
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 Florida court decision from 1997 recognized that even though confessions of judgment are per se illegal in Florida, the state of Florida is, nonetheless, required to recognize such judgments entered in other states, based upon the full faith and credit clause of the U.S. Constitution.
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.
