Confession of Judgment

[shootist]

What is the name of your state (only U.S. law)? California

I have a Confession of Judgment to file and record. The debtor lives in another state. Do I file and record only in California state court, in a district court, and/or the court where the defendant/debtor resides?What is the name of your state (only U.S. law)?

 

[dcatz]

Your CofJ must have provided for the Court that the case was or would have been filed in. Was it state or district?

Whatever the answer, file it in that court and get a judgment, then domesticate the judgment in the defendant’s state.

If you got the CofJ after a case was filed but before the defendant answered, you’re going to have to pay the defendant’s first appearance fee to do the filing.

 

[shootist]

Confession of judgment

No court case was ever filed. The parties agreed to the stipulated judgment in lieu of a lawsuit. This Judgment stems from a partnership agreement that went wrong. All the parties to the agreement lived in different states.

 

[dcatz]

A district court judgment can be registered in another district court (“domestication” wouldn’t really be the proper term), but THAT assumes that you have a sufficient pleading. A CofJ is not the same as a Stipulation and must meet rigorous Constitutional protections. I'm wondering what you have and with whom.

Where was the partnership formed and didn't formation documents provide for controlling law?

 

[shootist]

confession of judgment

I just reviewed the partnership agreement, and there is no provision for controlling law. There are only 2 partners to this Agreement, myself, who lives in California where I signed the Agreement, and the debtor who lives in Chicago where he signed the same Agreement. The partnership was for the purpose of buying and managing a business in Barbados, West Indies. The more I think about it, this sounds like a District Court matter...too many jurisdictions involved.

 

[dcatz]

The more I think about it, this sounds like a District Court matter...too many jurisdictions involved.

I would agree. If no case was filed, it should be a CofJ. I hope that you got it right.

Good luck.