Confession of Judgment Questions
What is confession of judgment?Confession of judgment is a document or a clause within a document that states that one party agrees to allow another party to enter a judgment against him/her in the event of a default. There is a lot of controversy surrounding this type of contract due to a violation of due process by the court system. Most states allow confession of judgments but some states require that they are labeled separately from the actual contract or have certain procedural requirements. Confession of judgment is illegal in Alaska according to an Alaska State legislature committee. In consumer transactions, it is illegal in Pennsylvania but legal in commercial transactions. Take a look at some of the most common questions about confession of judgment below that have been answered by Experts.
Is a confession of judgment legal in MD?Confessions of judgment are legal in the state of Maryland. Once a complaint has been filed, the written form that authorized the confession of judgment (original or photocopy), a written statement of the amount owed, and the address of the defendant is shown, Maryland will permit the action. The court clerk will send the defendant a notice of the entry of the confession of judgment. The defendant will have a certain amount of time to open, modify or vacate the judgment.
I have been led to believe that a confession of judgment is more easily enforced than a promissory note. Is this true?A confession of judgment allows the person who holds a promissory note to enter a judgment against the person who signed the promissory without having to take them to court and sue. This basically saves time and money while still getting a judgment against the person who signs the note.
A Confession of Judgment is usually a provision that is added to another document; leases, promissory notes or any other form that would require one person placing a judgment against another for default. This is just added insurance that the person who holds the document will be able to go straight for a judgment without the lengthy court hearings.
What do I look for in a contract that would show confession of judgment? The information is needed for the state of Iowa.There should be a section in the contract titled "Confession of Judgment". This section states that both parties agree to a confession of judgment if there is a default in the contract. In Iowa, there needs to be a clause in the document that states that both parties agree on a confession of judgment, or it will state a separate document is listed as confession of judgment document.
As the plaintiff, if I agree to a Confession of Judgment can the defendant include the debt in a future bankruptcy?If the defendant files for bankruptcy, you may not be able to collect on the judgment. When a person files for bankruptcy, it puts an immediate stay on any attempts to enforce a judgment that was in place prior to the bankruptcy. If the person in question decides to file for bankruptcy, all you can do is file your claim with the bankruptcy court. You will have to wait for the proceedings to find out if you will be awarded anything through this process. However, it is possible that the person won't file for bankruptcy and you can still collect on the debt.
How do you defend against a confession of judgment in New York State? I don't want the court to think I am trying to avoid payments but I cannot repay them at this time.There isn't much that you can defend when you cannot pay on a judgment. What may happen is the judgment creditor may want to ask the court to attach any personal property that you have to satisfy the debt. The creditor could also have your wages attached (garnished). However, if you don't have any assets of value or you are not employed, there isn't much the creditor can do. Usually, you wouldn't go to jail because you can't pay a debt. If all fails, you may have to consider filing for bankruptcy to avoid having to pay the judgment. This is an option if there were no punitive damages attached to the judgment.
If you have questions or doubts about a confession of judgment, you should contact an Expert who is familiar with this type of document before you sign anything. You need to know your rights and risks before signing any legal binding document.