What is Confession of Judgment?
A Confession of Judgment is a formal contract written by the respondent accepting accountability and the agreed-upon sum of damages. This is a strategy to avoid going to court and having to go through a protracted legal procedure to settle a conflict. By signing such a statement, the defendant relinquishes any prospective rights to contest the accusation.
Understanding Confession of Judgment
When a debtor initially becomes owing to the lender, he or she can take a cognovit note and has the same impact as a confession of judgment. The letter would state what the debtor owes and also that the borrower voluntarily submits to the jurisdiction of the court to settle any disputes.
If the creditor defaults, the note may be brought to the court in order to acquire a judgment even without alerting the debtor. Such actions can be contentious because they deny the defendant the opportunity to provide a meaningful defense.
Practical Example
A confession of judgment may be included in a financing contract for small businesses seeking finance such as a line of credit. Before providing credit or monies to their clientele, lenders may compel them to submit this judgment. Organizations that provide credit-based products or services to other businesses may also employ a confession of judgment. A vendor, for example, can seek a confession from a company with a bad or restricted credit history.
In Sentences
- The term confession of judgment is basically used to indicate legal and law regulations that can depend on companies and organizations.