confession of judgment

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Thân thiện
Definition
  1. Noun:
    • A legal document or clause in which a debtor agrees in advance to the entry of judgment against them, without a trial, if they default on their debt. This is a specific legal procedure that allows a creditor to obtain a court judgment quickly and without the usual legal proceedings, based on the debtor's prior written consent.
Usage
  • The confession of judgment is typically included as a clause in a loan agreement or contract.
  • It is a powerful legal tool for creditors but is heavily regulated or prohibited in many jurisdictions due to its potential for abuse.
  • The phrase is used in formal legal and financial contexts.
Examples
  • Noun:
    • The contract contained a confession of judgment clause, which worried the small business owner.
    • The lender filed the confession of judgment with the court immediately after the payment was missed.
    • Several states have banned the use of confession of judgment in consumer contracts.
Advanced Usage
  • "to confess judgment": The act of a debtor signing an agreement containing a confession of judgment clause.
    • By signing the agreement, the borrower agreed to confess judgment in the event of a default.
Variants and Related Words
  • Cognovit judgment: Another term for confession of judgment, derived from Latin (, meaning "he has confessed the action").
  • Cognovit note: A promissory note that contains a confession of judgment clause.
  • Warrant of attorney: A similar legal instrument authorizing an attorney to confess judgment on behalf of a client.
Synonyms
  • Cognovit (legal term)
  • Judgment by confession (descriptive synonym)
Important Notes
  • Not a Standard Confession: This term does not refer to a general admission of guilt or wrongdoing in a criminal or personal sense. It is a specific, pre-arranged legal mechanism related to debt collection.
  • Legal Severity: Because it waives fundamental legal rights (such as the right to notice and a hearing), the enforceability of a confession of judgment is subject to strict legal scrutiny and varies significantly by jurisdiction.
Noun
  1. a judgment entered after a written confession by the debtor without the expense of ordinary legal proceedings

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