Remedies Generally | Money Judgment | Injunction | Insurance Penalties for a Frivolous Claim

Gavel, orange 150

This is an extremely powerful tool for parties looking  to avoid litigating the issues of liability and damages.  A consent judgment, as the name implies, involves an  agreement or consent by the Defendant. The other  requirement is that litigation already be underway.  The parties essentially agree that judgment be  entered for a specific amount and that the Plaintiff  will hold off or forebear from collecting on the  judgment so long as the Defendant makes regular and  timely payments of the settlement amount. This  allows the parties to agree to the dollar value of the  case.

A judgment by consent is near bullet proof from the  standpoint of appellate challenge, because the courts  tend to hold parties to their agreements. Hence, a  consent judgment provides predictability for the  parties.

A judgment by consent, once entered, can be  executed upon immediately. Contrast that with a  judgment by confession. The latter is easy to obtain  and notice to the defendant is not necessary, that is,  not until the plaintiff attempts to collect against  assets. Then, the plaintiff must give 30 days notice of  his intent to execute on a bank account, for example.  That gives the Defendant plenty of time to move the  money to a new account.

Phone Us Any Time.