Under Rule 68.1, a confession of judgment may be entered without action at any time; the judgment may be for money due or for money that may become due.

Under Rule 68.1, a confession of judgment may be entered without action at any time; the judgment may be for money due or for money that may become due.

• A. May be entered without action only for money that is currently due
• B. Requires an accompanying action to determine the amount
• C. May be entered only after a court hearing
• D. May be entered without action at any time for money due or money that may become due

Answer: (D)

Confession of judgment under Rule 68.1 is a mechanism that lets a creditor obtain a judgment without a full lawsuit when there’s a written agreement acknowledging a debt and providing for a judgment if the debtor doesn’t pay. Importantly, the amount can be money that is already due or money that may become due in the future. Because of that, the judgment can be entered without action at any time, and no court hearing is required to obtain it. That’s why the statement describing it as something that may be entered without action at any time for money due or money that may become due is the correct one. The other ideas don’t fit: limiting it to money currently due ignores the future-due aspect; requiring an accompanying action to determine the amount is incorrect because the amount can be fixed or determinable by the agreement; and requiring a court hearing would contradict the essence of a confession of judgment without action.

Confession of judgment under Rule 68.1 is a mechanism that lets a creditor obtain a judgment without a full lawsuit when there’s a written agreement acknowledging a debt and providing for a judgment if the debtor doesn’t pay. Importantly, the amount can be money that is already due or money that may become due in the future. Because of that, the judgment can be entered without action at any time, and no court hearing is required to obtain it.

That’s why the statement describing it as something that may be entered without action at any time for money due or money that may become due is the correct one. The other ideas don’t fit: limiting it to money currently due ignores the future-due aspect; requiring an accompanying action to determine the amount is incorrect because the amount can be fixed or determinable by the agreement; and requiring a court hearing would contradict the essence of a confession of judgment without action.