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Simple English definitions for legal terms
cognovit
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A quick definition of cognovit:
A cognovit is a legal agreement where a defendant admits that the plaintiff's case is true, allowing judgment to be entered without a trial. This saves time and money for both parties. It is often used in commercial loans to help lenders quickly collect debts from borrowers who default on their loans. However, some states prohibit the use of cognovits in certain contracts, and the Supreme Court has ruled that they may be unconstitutional in cases where there is unequal bargaining power between parties.
A more thorough explanation:
A cognovit is a type of confession of judgment that allows a plaintiff to obtain a judgment against a defendant without a trial. The defendant acknowledges the legitimacy of the plaintiff's claim, and judgment is entered to save costs. A cognovit provision is often included in agreements to authorize the entry of judgment against oneself in the event of a breach or default.
- A lender includes a cognovit provision in a promissory note, allowing them to quickly obtain a judgment and collect the debt if the borrower defaults on the loan.
- A business owner signs a contract with a supplier that includes a cognovit provision, agreeing to the entry of judgment if they fail to pay for goods received.
These examples illustrate how a cognovit can be used to expedite the process of obtaining a judgment and collecting a debt. By including a cognovit provision in an agreement, the parties can avoid the time and expense of a trial and move directly to the collection phase. However, the use of cognovits in adhesion contracts, where one party has significantly more bargaining power than the other, may be unconstitutional in some states.