Legal Question in Credit and Debt Law in California

Does California have a ''confession of (confessed) judgment'' system

I know that in Virginia there are streamlined, expedited procedures for getting a court judgement on a debt, such as a ''pocket judgment,'' a ''confessed judgment'' (in advance) and a formal and a little bit strange procedure called a ''confession of judgment'' that provides a streamlined system for converting a debt into a judgment.

Does California law have any system like this, that would allow a debtor to AGREE in advance to a judgment if they do not pay or some other streamlined system?

Asked on 10/11/06, 1:36 am

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Does California have a ''confession of (confessed) judgment'' system

California has a statute allowing a confession of a judgment but the debtor should have counsel who also advises debtor to sign. Please call me if you have any questions.

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Answered on 10/15/06, 1:01 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Does California have a ''confession of (confessed) judgment'' system

Yes. See Code of Civil Procedure sections 1132 and 1133.

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Answered on 10/11/06, 1:42 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Does California have a ''confession of (confessed) judgment'' system

California does have such a procedure. In my 12 years of practice, I have used it 2-3 times to settle cases. As a practical matter, it isn't used that often because the attorney has to certify under penalty of perjury that this procedure is in the best interest of his/her client.

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Answered on 10/11/06, 7:43 am


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