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?
3 Answers from Attorneys
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.
Re: Does California have a ''confession of (confessed) judgment'' system
Yes. See Code of Civil Procedure sections 1132 and 1133.
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.