Hi Mighty moose thanks for your opinion, and I think you are probably right that the judge would not allow it. Not because I am wrong but because they would have to admit that all the thousands of other cases they ruled on that involved Confession of Judgment would also be void.
But my argument...
I defaulted on a small business SBA signature loan; I am being sued under the name of the LLC business and under my name at the same time. The business has been dissolved 5 years ago and has no assets.
I signed a confession of judgment and the plaintiff filed it in court under the business name...
Hi thank you for your reply but I think I can challenge the constitutionality of the Confession of Judgment law in Utah in an appellate court. Do you think I will have a chance to win on this issue that will also have the effect of making the Confession of judgment contract void.
The due...
Hi Yes I see what you are saying. My case involves a default business loan that comes under
78B-5-205. Judgment by confession authorized. But can I challenge that it violates the USA federal and Utah state Constitution. as far as due process
Hi can you tell me the difference between the two conflicting Utah laws below.
70C-2-201. Authorization to confess judgment prohibited.
A creditor or its successor in interest may not, directly or indirectly, take or receive from a debtor an obligation that constitutes or contains a cognovit...