A Pennsylvania Complaint in Confession of Judgment is a legal document used to enter a judgment against a defendant without the need for a trial. It is commonly used when a plaintiff is owed money or property by the defendant, and the defendant has agreed to pay the plaintiff in full. The complaint must include all relevant information about the parties, including the amount of money or property owed, the date of the agreement, and any other terms of the agreement. There are two types of Pennsylvania Complaint in Confession of Judgment: voluntary and involuntary. In a voluntary confession of judgment, the defendant has agreed to the complaint and has signed the document. In an involuntary confession of judgment, the defendant has not agreed to the complaint, but the plaintiff has obtained a court order requiring the defendant to pay the amount specified in the complaint.
Pennsylvania Complaint in Confession of Judgment Requirements
Description Judgment Requirements
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FAQ
Rule 2955. Confession of Judgment. (a) The plaintiff shall file with the complaint a confession of judgment substantially in the form provided by Rule 2962. (b) The attorney for the plaintiff may sign the confession as attorney for the defendant unless an Act of Assembly or the instrument provides otherwise.
Current Rule 2951 provides for two methods of confessing judgment. Subdivision (a) allows the prothonotary, upon the filing of certain documents in support of the entry of judgment, to enter judgment by confession without the filing of a complaint or a confession of judgment signed by an attorney.
A writ of execution is a court order directing the Sheriff to take an action to enforce a judgement.
Rule 2957 - Praecipe for Writ of Execution; Amount; Items Claimed; Certification (a) Plaintiff may include the amount due, interest, attorneys' fees and costs in the praecipe for a writ of execution under Rule 2963(5).
Rule 2959 - Striking Off or Opening Judgment. Pleadings. Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition.
Code § 2958.1. Rule 2958.1 - Notice Served Prior to Execution (a) A written notice substantially in the form prescribed by Rule 2964 shall be served on the defendant at least thirty days prior to the filing of the praecipe for a writ of execution.
Rule 2955. Confession of Judgment. (a) The plaintiff shall file with the complaint a confession of judgment substantially in the form provided by Rule 2962. (b) The attorney for the plaintiff may sign the confession as attorney for the defendant unless an Act of Assembly or the instrument provides otherwise.