Chapter 9-2 Confession of Judgment in Pre-Suit Instrument

• Jurisdiction: United States

9-2 Confession of Judgment in Pre-Suit Instrument

9-2:1 Overview

A defendant may enter a confession of judgment in any judicial proceeding, thereby admitting the plaintiff's petition is true.¹⁰ A pre-suit contract provision attempting to authorize acceptance of service and waiver of process or to confess judgment is void; such waiver is effective only after the lawsuit is filed.¹¹

MUST READ STATUTE

Tex. Civ. Prac. & Rem. Code Ann. § 30.001

9-2:2 Expressly Rejected in Texas

In an instrument executed before suit is brought, a person may not accept service and waive process, enter an appearance in open court or confess a judgment.¹²

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Notes:

^[10] 47 Tex. Jur. 3d Judgments § 11.

^[11] Tex. Civ. Prac. & Rem. Code Ann. § 30.001.

^[12] Tex. Civ. Prac. & Rem. Code Ann. § 30.001.