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.
Ohio USLegal Pamphlet on Confession of Judgment
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CONFESSIONS ARE ADMISSIBLE ONLY WHEN THEY ARE MADE VOLUNTARILY, AND THE BURDEN FOR PROVING THAT A CONFESSION WAS MADE VOLUNTARILY RESTS WITH THE PROSECUTION. THE PROSECUTION MUST SHOW THAT THE CONFESSION WAS NOT EXTRACTED BY ANY SORT OF THREAT OR VIOLENCE OR OBTAINED BY ANY PROMISE OR EXERTION OF IMPROPER INFLUENCE.
It is a general rule that a bare confession does not suffice to allow a prosecution. This is known as the corpus delicti rule. There must also be evidence that a crime occurred.
3d 521, 538 -- A admission includes any statement made by a party in his individual capacity and offered against that party at trial. A confession is an admission of guilt, and not merely an admission of a fact or circumstance from which guilt may be inferred. State v. Thompson (1993), 87 Ohio App.
(E) A warrant of attorney to confess judgment contained in any instrument executed on or after January 1, 1974, arising out of a consumer loan or consumer transaction, is invalid and the courts shall have no jurisdiction to render a judgment based upon such a warrant.
A confession is defined as a voluntary admission, declaration or acknowledgement (made orally or in writing) by one who has committed a felony or a misdemeanor stating that they committed the crime/offense or participated in its commission.
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.
Section 2323.12 | Judgment by confession. A person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor, or person having such cause of action, confess judgment; whereupon judgment shall be entered ingly.
Basic Procedure: A confession of judgment is a written statement, signed and verified by the defendant under oath. It must be accompanied by an independent attorney's declaration. The papers are submitted to the clerk of the court for entry; the court then places its imprimatur on it.
