This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.
This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.
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Locate the debtor's assets (as many as possible) Attach the judgment to the assets by placing a lien on the assets (called a judgment lien) Obtain the assets to satisfy the judgment (the process of liquidation or foreclosure).
United StatesConfessions of judgment are permitted in many states. New Jersey and Pennsylvania permit them, among others. Some states, including Michigan, require they be specially labelled or have other procedural requirements.
The three-year shelf-life of affidavits of confession of judgment is sometimes overlooked by practitioners and is important to bear in mind.
It can only be filed if your funder is unable to collect on your debt. If there's never a need to take collection action against you, a confession of judgment is simply an innocuous piece of paper. All that said, you should avoid signing one if you can possibly help it it's not worth risking your business' future.
Once you obtain a judgment lien on a piece of real property, then determine the right time to use that property to collect on the judgment; you could either wait for the debtor to sell it (and take from those proceeds), wait for another creditor to foreclose on it (and take the proceeds from the ensuing foreclosure