SB 688: Civil actions: judgments by confession.

Existing law provides that a judgment by confession is enforceable and may be entered in any superior court without the filing of a civil action, either for money due or to become due, or to secure any person against a contingent liability on behalf of the defendant, or both. Existing law permits the judgment to be entered only if the defendant has signed and filed a written statement authorizing an entry of judgment, as further specified, and the defendants attorney has signed and filed a certificate stating the attorney has examined the proposed judgment and advised the defendant of the defendants waiver of rights and defenses and to utilize the judgment by confession procedure, as further specified. Existing law prescribes the procedure for entering a judgment by confession.

This bill would provide that a judgment by confession is unenforceable and may not be entered in any superior court. The bill would not apply the foregoing provision to a judgment by confession obtained or entered before January 1, 2023. The bill would repeal the provisions setting forth procedures by which a defendant files for, and a superior court enters, a judgment by confession.

This bill would make additional conforming changes.