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Loren
Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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Is a Confession of Judgement provision enforceable or legal

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Is a Confession of Judgement provision enforceable or legal in Florida?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Yes, it is. This is also called an Agreed Judgment in Florida and the creditor would need to file it with the Clerk of the Court.

In reality, all it does is to appoint the creditor as attorney in fact (a power of attorney) for the debtor in the event of default.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.


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Thank you.

JudgeLaw
Customer: replied 3 years ago.

In this particular case, I am making a loan to a company and am therefore in favor of it!


 


Is there a particular procedure for filing?

Steven, I must apologize. I had the wrong state's statutes open when I answered your question.

Confessions of judgment are NOT enforceable in Florida. By Florida statute they are null and void (the contract is not void-just that provision).

My apologies for that oversight.

Here is the statute:

Florida Statutes > Chapter 55 > 55.05

All powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, heretofore made or to be made hereafter by any person whatsoever within or without this state, before such action brought, shall be absolutely null.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Loren and 4 other Business Law Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-JudgeLaw/

Best wishes and good luck to you.

If it is not too much trouble, Steven, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 3 years ago.

Will do!


 

Thank you again!