North Carolina USLegal Pamphlet on Confession of Judgment

State:
Multi-State
Control #:
US-PMPH-11
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

? 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.

A typical ?confession of judgment? provision in a commercial contract (e.g., a promissory note) authorizes the creditor upon a default under the agreement to obtain a judgment for the amount owed without notice to the debtor(s) or guarantor(s), and allows the creditor to immediately execute on the judgment.

The Pennsylvania Rules of Civil Procedure set forth very specific requirements when filing a complaint. For example, the complaint must contain the original or a copy of the contract or instrument with the confession of judgment language along with the other party's signature to the contract.

A confessed judgment clause is a provision in an agreement that states that a creditor can obtain a judgment against a consumer without following regular court procedures. The creditor does not have to take you to court to collect, and you cannot raise any defenses.

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.

The borrower can file petitions and motions to attempt to hold off the confession of judgment from being enacted. A confession of judgment might be included as part of a contract signed between a lender and borrower as a form of personal guarantee.

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North Carolina USLegal Pamphlet on Confession of Judgment