The proposed amendment requires that a judgment by confession can only be entered if an attorney, independently representing the defendant, signs a certificate. This certificate must confirm that the attorney has reviewed the proposed judgment and has advised the defendant regarding their rights and defenses under the confession of judgment procedure. This provision serves to enhance the protections available to defendants within this specific legal context, ensuring they receive proper legal advice before waiving any rights.
Senate Bill No. 1327, introduced by Senator Wieckowski, aims to amend Section 1132 of the Code of Civil Procedure relating to judgments by confession. The bill seeks to clarify the process under which a judgment may be entered without formal action in court, specifically for money owed or for securing a person against contingent liabilities on behalf of a defendant. This change is characterized as nonsubstantive, indicating it does not significantly alter the existing legal framework but focuses on improving clarity and understanding of the law.
While the bill appears to be straightforward, some concerns may arise regarding the effective implementation of attorney representation in the confession of judgment process. Critics might argue that such requirements could complicate the process or cause delays in achieving judgments, particularly in cases where swift resolutions are necessary. Moreover, there could be debates on whether this requirement significantly enhances defendant protections or merely adds bureaucratic steps to an already established process.