Creditors' Remedies - Due Process Confession of Judgment in California after Isbell v. County of Sonoma

Authors

Nathan C. Northup

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

This Comment examines the use of the confession of judgment by creditors to protect a security interest and the California Supreme Court's recent decision in Isbell v. County of Sonoma to invalidate California 's confession of judgment statute on fourteenth amendment due process grounds. A confession of judgment authorizes an attorney to obtain a judgment against a debtor and thereby eliminates the need for judicial proceedings and waives many bona fide defenses to non-payment. The Comment then discusses the need for some type of confession of judgment statute in California and looks at the statutes of other states. Finally, the comment recommends legislation that should meet the due process safeguards required by the California Supreme Court.

Recommended Citation

Nathan C. Northup, Creditors' Remedies - Due Process Confession of Judgment in California after Isbell v. County of Sonoma, 16 San Diego L. Rev. 377 (1979).
Available at: https://digital.sandiego.edu/sdlr/vol16/iss2/13