Rhode Island 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

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.

To enforce a confession of judgment, the landlord or creditor will file a complaint with the county prothonotary's office. The Pennsylvania Rules of Civil Procedure set forth very specific requirements when filing a complaint.

Connecticut does not recognize confessions of judgment.

Rule 2957 - Praecipe for Writ of Execution; Amount; Items Claimed; Certification (a) Plaintiff may include the amount due, interest, attorneys' fees and costs in the praecipe for a writ of execution under Rule 2963(5).

5 Steps How to Collect a Judgment in Pennsylvania File Your Judgment With the County Courts. ... File Your Writ of Execution (This the Key for the Sheriff to help you) . ... Seize Bank Accounts by Sending Questions (Interrogatories) to the Banks. ... Levy and Sell Personal Assets and Vehicles. ... Levy and Sell Real Property / Land.

Under Rhode Island law, creditors may charge up to 12 percent interest on debt without an agreement, but up to 21 percent if there is an agreement. Exceptions include pawn brokers, licensed lenders, retail finance charges, and revolving credit (which includes all credit cards).

Rule 2959 - Striking Off or Opening Judgment. Pleadings. Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition.

Definitions. ''action'' means a proceeding to enter a judgment by confession for money pursuant to an instrument, other than an instrument executed by a natural person in connection with a consumer credit transaction, authorizing such confession.

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Rhode Island USLegal Pamphlet on Confession of Judgment