SECTIONS 1132-1134 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1132-1134

1132. (a) A judgment by confession may be entered without action
either for money due or to become due, or to secure any person
against contingent liability on behalf of the defendant, or both, in
the manner prescribed by this chapter. Such judgment may be entered
in any superior court.
(b) A judgment by confession shall be entered only if an attorney
independently representing the defendant signs a certificate that
the attorney has examined the proposed judgment and has advised the
defendant with respect to the waiver of rights and defenses under the
confession of judgment procedure and has advised the defendant to
utilize the confession of judgment procedure. The certificate shall
be filed with the filing of the statement required by Section 1133.

1133. A statement in writing must be made, signed by the defendant,
and verified by his oath, to the following effect:
1. It must authorize the entry of judgment for a specified sum;
2. If it be for money due, or to become due, it must state
concisely the facts out of which it arose, and show that the sum
confessed therefor is justly due, or to become due;
3. If it be for the purpose of securing the plaintiff against a
contingent liability, it must state concisely the facts constituting
the liability, and show that the sum confessed therefor does not
exceed the same.

1134. (a) The statement required by Section 1133 shall be filed
with the clerk of the court in which the judgment is to be entered,
who must endorse upon it, and enter a judgment of the court for the
amount confessed with the costs provided in subdivision (b).
(b) At the time of filing, the plaintiff shall pay as court costs
that shall become a part of the judgment the fee as provided in
subdivision (b) of Section 70626 of the Government Code. No fee shall
be collected from the defendant..
(c) The statement and affidavit, with the judgment endorsed
thereon, together with the certificate filed pursuant to Section
1132, becomes the judgment roll.