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Houston Harbaugh Blog

Posts tagged "creditor; debtor; personal guarantee; confession of judgment; warranty of attorney"

Creditor's Failure to Allege Condition Precedent in Complaint in Confession of Judgment Cannot Be Cured through Amendment, Says PA Superior Court

Monaco Greg.jpgWhere a creditor files a complaint in confession of judgment but fails to allege the occurrence of a condition precedent, can the defect be cured through amendment in order to prevent exhaustion of the warrant of attorney? The Pennsylvania Superior Court has held "no," finding that a creditor's failure to allege the occurrence of a condition precedent is a substantive defect that voids the confessed judgment.