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3-26 Debtor-Creditor Law 26.syn
Confession of Judgment
Editor-in-Chief, Theodore Eisenberg and Contributing Authors
This chapter from Debtor-Creditor Law discusses the history, definition, and uses of confession of judgment, the statutory and common law forms of the remedy, enforcement problems, and the ways in which a confessed judgment can be attacked after entry of judgment.
This chapter reviews the basic requirements of a confession of judgment: (1) the types of obligations that may be confessed; (2) what types of persons may confess judgment; (3) who may take and who may enter a judgment by confession; and (4) against whom enforcement of the judgment may be sought. This chapter also discusses the effect of an invalid cognovit clause on a contract, and the effect of the entry of a valid confessed judgment.
Furthermore, this chapter examines the statutory form of confession of judgment as prescribed in three major jurisdictions, as well as the common law "warrant of attorney" form of confession of judgment, and the rules governing confession of judgment by warrant of attorney in five major states.
In addition, this chapter provides practical advice on how to: (1) enforce a confession of judgment in a sister state; (2) enforce a confession of judgment in federal court; and (3) obtain relief from a confessed judgment.
Debtor-Creditor Law (Matthew Bender) is a comprehensive multi-volume treatise, written by prominent experts in the field. It offers complete coverage of all aspects of the debtor-creditor relationship, including current case law, practical guidance, and numerous forms for the practitioner. In addition to comprehensive coverage of federal consumer credit legislation and the reprint of related statutes and regulations, Debtor-Creditor Law also features chapters covering Uniform Commercial Code Articles, including Article 2 (Sales), Article 3 (Negotiable Instruments) and Revised Article 9 (Secured Transactions). It covers third party obligations; satisfaction of obligations through non-judicial remedies; and international insolvency law and enforcement of judgments for a variety of countries, including Argentina, Brazil, Canada, Germany, and France.
Confession of Judgment,Confessed Judgment,Cognovit Clause,Creditor,Creditors' Rights,Entry of Judgment,Debtor,Judgment,Warrant of Attorney,Statutory Confession of Judgment
RELATED CHAPTERS: (View)
See Chapter 27 for information on enforcing money judgments. See Chapter 26A for practical pointers on effective litigation of commercial disputes. See Chapter 28 for information on collecting money judgments. See Chapter 29 for information on the constitutionality of attachment, garnishment, replevin, and execution. See Chapter 30 for a detailed discussion of attachment. See Chapter 31 for a detailed discussion of income garnishment. See Chapter 32 for a detailed discussion of replevin.
OTHER RELATED PUBLICATIONS:
See Anderson's Ohio Creditors' Rights (Matthew Bender) for step-by-step guidance on issues that a creditor may encounter in attempting to collect money from a debtor, along with examples, suggested forms and other practical materials.
See Collier Bankruptcy Manual (Matthew Bender) for definitive section-by-section analysis of the Bankruptcy Code, accompanied by detailed analysis of current rules, case law, and related non-bankruptcy law.
See Collier Bankruptcy Exemption Guide (Matthew Bender) for a compilation of exemptions available in every state and territory, along with checklists of exemptions; complete text of statutory authority; text of federal non-Bankruptcy Code exemptions; analysis of constitutional problems; tenancy by the entirety issues; current case highlights; and a research guide.
See Commercial Damages: A Guide to Remedies in Business (Matthew Bender) for analysis of specific remedies; examination of litigation costs, economic factors, and other practical considerations; and discussion of specific situations in which the business entity has been damaged.