In commercial obligations in Pennsylvania, a Confession of Judgment clause, or Cognovit clause, may be employed in a document that would entitle the Creditor to simply go to Court and obtain a judgment immediately without pursuing the normal court processes. Although expeditious, the Defendant still can attempt to defend against the Confessed Judgment but the procedure is strict and limited.
A Creditor's compliance with Pennsylvania Rules of Civil Procedure is essential in making certain that the Creditor both executes its remedies effectively and avoids the potential pitfalls of violating a customer’s Constitutional rights by employing civil process when it is not appropriate.
Attorney Tom Reilly, as a member of the Rules Committee, participated in the drafting of the current Pennsylvania Rules of Civil Procedure on Confession of Judgments.