Legal Question in Landlord & Tenant Law in District of Columbia

Are cognovit notes legal in The District of Columbia ?


Asked on 12/02/10, 2:47 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The aren't called "cognovit notes" in DC. Instead, they are called "confessed judgments", and they are typically prohibited. See the DC statute below.

Division V. LOCAL BUSINESS AFFAIRS

Title 28. Commercial Instruments and Transactions

Subtitle II. OTHER COMMERCIAL TRANSACTIONS

Chapter 38. Consumer Protections

Current through 2006 Legislative Session

� 28-3804. Assignment of earnings and authorization to confess judgment prohibited

(a) A creditor may not take an assignment of earnings of the consumer for payment or as security for payment of an obligation arising out of a consumer credit sale or direct installment loan.

(b) A creditor may not take or accept from the consumer a warrant or power of attorney or other authorization for the creditor, or other person acting on his behalf, to confess judgment arising out of a consumer credit sale or direct installment loan.

(c) An assignment of earnings or an authorization in violation of this section is subject to the provisions of section 28-3813(d)(1) of this subtitle.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/07/10, 7:55 pm


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