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A confession of judgment is a defendant's private admission to liability where no case has been filed but the defendant agrees to let the plaintiff enter a judgment against them.
The party who receives the Offer of Judgment has 10 days to accept it. If that Party fails to do so within that time, then the Offer is deemed rejected. NRS 17.115 and NRCP 68 facilitate settlement by penalizing a Party who rejects an Offer of Judgment then fails to obtain a more favorable Judgment.
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.
NRS § 11.190(1)(a). This means that if the judgment is not collected within that six-year period, the ability to collect the judgment expires. However, Nevada allows for judgments to be renewed, which if done correctly will continue the judgment for another six years from the date of renewal.
A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.
Except as otherwise provided by law, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section and NRS 17.100 and 17.110.
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.
Under NRCP 60(b)(1), a court may relieve a party from a final judgment, order, or proceeding based on ?mistake, inadvertence, surprise, or excusable neglect.? To determine whether Rule 60(b)(1) relief is appropriate, courts must consider the four ?Yochum? factors ? (1) a prompt application to remove the judgment; (2) ...