Pennsylvania 22. Plaintiff Affidavit — Confession of Judgment is a legal document used in the Commonwealth of Pennsylvania to confess judgment against a debtor without the need for a court trial. It is typically used when a creditor has a strong case against a debtor and wants to quickly collect the debt owed. It allows the creditor to file the document with the court and have a judgment entered against the debtor without any further proceedings. The Pennsylvania 22. Plaintiff Affidavit — Confession of Judgment includes two main parts: the affidavit portion, which is signed by the creditor, and the confession of judgment portion, which is signed by the debtor. The affidavit portion includes the creditor's declaration that the debt is valid and due, as well as a summary of the facts of the case. The confession of judgment portion includes the debtor's agreement to pay the amount due and any interest or costs associated with the debt. There are three primary types of Pennsylvania 22. Plaintiff Affidavit — Confession of Judgment documents: Regular, Special, and Limited. The Regular version is the standard document, and is used when the creditor does not require any specific payment terms or conditions. The Special version includes special provisions, such as a specific payment plan or the option for payment in installments. The Limited version limits the rights of the creditor to collect from the debtor, such as limiting the amount of interest that can be charged.
Pennsylvania 22. Plaintiff Affidavit - Confession of Judgment
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FAQ
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.
The borrower can file petitions and motions to attempt to hold off the confession of judgment from being enacted. A confession of judgment might be included as part of a contract signed between a lender and borrower as a form of personal guarantee.
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.
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).
A confession of judgment is a legal device - usually a clause within a contract - in which a debtor agrees to allow a creditor, upon the nonoccurrence of a payment, to obtain a judgment against the debtor, often without advanced notice or a hearing.
A judgment by confession may be entered only in the name of a holder, assignee or other transferee. See Rule 2954. For collection of attorneys' fees under such a judgment see Rule 2957. If an instrument authorizes confession for a penal sum, judgment may be entered in that amount.
