[Jstarr]

I cant provide exact details without client authorization, in which i wouldn't recommend him to put it out there. but you can research some case law pertaining to the COJ and you will see that some states will not accept it. here is a brief excerpt that may be helpful, but i would do some further research ---

In seven states the judgment note or so-called "cognovit instruments," containing a warrant to confess judgment against the debtor, is in common use.' The contract permits an action in debt, assumpsit or contract resulting in an immediate judgment without prior suit or service upon the debtor or maker of the instrument. Sometimes judgment may be confessed at or shortly after execution of the note as additional security for a loan or other extension of credit3 whether or not any money is then owing;4 more often the instrument permits the entry of judgment only after default.' In either case there has been a submission in advance to the jurisdiction of the court of rendition; often running to any court in the United States.' Ordinarily an attorney of the creditor's choosing enters his appearance pro forma for the debtor and confesses a judgment against him, which, for most purposes, is a final adjudication.7 Several jurisdictions absolutely prohibit the use of the judgment note, deeming any such contract stipulation void as against local public policy;8



Some jurisdictions prohibit the confession of judgment as a mat- ter of local practice. Frequently where statutes prohibit the confession of judg- ment, the courts regard it as a procedural device," which need not be herein further considered because it is generally agreed that the law of the place where the judgment is sought to be confessed should control the availability of judgment as a remedy. Such an interpretation does not prevent the local execution of cognovit instruments where judgment is to be confessed or per- formance made in other states which permit the practice; but merely precludes the exercise of the power to confess judgment within that state, no matter where executed."
Where there is a prohibition of the stipulation authorizing confession of judgment in the note, that involves the validity of the contract itself which must be determined by reference to the law which, for other purposes of con- tract validity, is regarded as proper at the forumY Thus the examination of such provisions entails an examination of the law of contracts in the conflict
of laws generally.

Can you provide an example of this.