Confession of Judgment

Discussion in 'Credit Talk' started by cmo140, Oct 2, 2008.

  1. cmo140

    cmo140 Active Member

    I had a business loan that had a confession of Judgment in it. I was never served in my State in PA which requires a sheriff to serve me. I know there are not allowed in Consumer loans but what about business loans that I PG.
     
  2. flacorps

    flacorps Well-Known Member

    That question would be a matter for the case law on the books in your state.

    The best way to answer it is to find a legal encyclopedia "<statename> Jurisprudence" on the shelf at your law school library, courthouse library or public library, and look under "contracts" in the table of contents to see whether there is a "confession of judgment" subsection in there ... then take a look.

    If you know someone who has Lexis/nexis or Westlaw you could find it in there as well.

    P.S. -- For your state it would be "Pennsylvania Jurisprudence".

    If service was bad, they are back to square 1 ... you might not even need a valid defense to do that to them ... but a key question will be whether a confession of judgment is severable from the rest of the contract (assuming the CoJ is unconscionable and unenforceable--if the contract is thrown out in toto you might be home free, or they may still have some sort of cognizable claim such as quantum meruit).
     

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