A Pennsylvania Complaint in Confession of Judgment is the court filing a creditor uses to convert a signed warrant of attorney into an enforceable court judgment without first holding a trial, governed by Pa.R.C.P. 2950–2976. The complaint is filed in the Court of Common Pleas where venue lies, and it must strictly track the language of the warrant because Pennsylvania courts read confessions narrowly against the creditor.
Confession of judgment is one of the fastest collection tools in the country, but it is also one of the most error-sensitive. According to the Administrative Office of Pennsylvania Courts, Pennsylvania’s Courts of Common Pleas process tens of thousands of confessed judgments each year, and a 2019 Federal Trade Commission report on confessions of judgment found that filing defects, such as missing warrants or improper itemization, drive a meaningful share of petitions to strike.
Here is what you will learn in this guide:
- 📄 What the Complaint in Confession of Judgment is and which Pennsylvania Rules of Civil Procedure control it
- 🧾 Every document, exhibit, and certification you must gather before you draft the complaint
- ✍️ A line-by-line walkthrough of the caption, counts, exhibits, and verification, with sample entries
- 🏛️ Three full scenarios — commercial loan default, commercial lease default, and personal guaranty — showing what each filer enters
- ⚠️ The most common mistakes, the post-filing notice rules under Pa.R.C.P. 2958.1, and the FAQs that trip up new filers
What the Complaint in Confession of Judgment Is and Who Must File It
A Complaint in Confession of Judgment is a civil pleading filed under Pa.R.C.P. 2951(b) for money, or under Pa.R.C.P. 2970 for possession of real property. It allows a plaintiff to obtain a judgment based on a defendant’s prior written authorization — a warrant of attorney — that lets the plaintiff “confess” judgment on the defendant’s behalf when a default occurs. The court does not hold a hearing before entry, which is what makes the procedure so unusual and powerful.
The plaintiff is the creditor, lessor, lender, or assignee who holds the instrument with the warrant. The defendant is the obligor, tenant, borrower, or guarantor who signed the warrant. Subject-matter jurisdiction sits with the Pennsylvania Court of Common Pleas under 42 Pa.C.S. § 931, and venue is set by the warrant or by the rules in Pa.R.C.P. 2950.
The form is prohibited in consumer transactions under 41 P.S. § 407 and the federal FTC Credit Practices Rule, 16 C.F.R. § 444.2. It is used almost exclusively in commercial leases, business loans, equipment finance contracts, and personal guarantees of business debts. If the underlying transaction is consumer in nature, the warrant is void and the complaint will be stricken.
A confession works in tandem with three other instruments: the original note, lease, or guaranty; the warrant of attorney itself; and the eventual writ of execution under Pa.R.C.P. 3252. The complaint is the bridge between the private contract and the public judgment, and it is the only document the court actually files before issuing judgment.
Before You Start: Documents and Information You Need
Confession of judgment practice is exhibit-driven. You cannot draft the complaint without the underlying paper, and the prothonotary will not accept a complaint that is missing the warrant. Pull together every item below before you open a draft.
- The original or true and correct copy of the instrument containing the warrant of attorney — required by Pa.R.C.P. 2952(a)(2). Without it, the prothonotary cannot enter judgment.
- The warrant of attorney itself, set out conspicuously in the instrument. If the warrant is on a separate page, you must attach the page that bears the defendant’s signature directly below or adjacent to the warrant.
- An itemized computation of the amount due, including principal, accrued interest at the contract rate, late fees, and attorney’s fees. A bare “amount due” line is insufficient.
- Proof of default, such as a notice of default letter, payment ledger, or affidavit of non-payment from the loan servicer.
- The current addresses of every defendant, because Pa.R.C.P. 2958.1 requires written notice within 30 days of judgment entry.
- Any assignment or allonge if the plaintiff is not the original payee. The chain of title must be complete and attached.
- The plaintiff’s federal taxpayer ID or last four digits of any Social Security number referenced in the instrument, redacted under Pa.R.C.P. 440.
- The filing fee, which varies by county. For example, the Philadelphia Civil Filing Fees page lists current confession of judgment fees, and Allegheny County publishes its Department of Court Records fee schedule separately.
- Verification under Pa.R.C.P. 1024, signed by a person with knowledge.
- A certificate of compliance with the Public Access Policy of the Unified Judicial System of Pennsylvania.
If any of these is missing, the prothonotary will reject the filing or, worse, accept it and leave the judgment vulnerable to a strike petition under Pa.R.C.P. 2959.
Where to Get the Form and How to Access It
Pennsylvania does not publish a single fillable PDF for the Complaint in Confession of Judgment. The complaint is a custom-drafted pleading that must follow the format set by the Pennsylvania Rules of Civil Procedure, the local rules of the county where you file, and the Pennsylvania Bar Institute practice forms many attorneys use as templates.
Statewide rule text is hosted on the Pennsylvania Code site for Chapter 2950. Local rules, which often dictate cover sheets and electronic filing requirements, appear on each county’s court website — for example, the Philadelphia Court of Common Pleas Civil Division and the Montgomery County Prothonotary.
Filings are made through the prothonotary of the county of venue. Many counties accept e-filing through the PACFile portal, while Philadelphia uses its own Civil Electronic Filing System. Confirm the channel before you draft, because some counties still require paper originals for the warrant.
The first time the form is named in your filing, you should hyperlink the official rule text in your internal practice memo so the partner reviewing your draft can verify each clause. The prothonotary’s local civil cover sheet is sometimes available as a fillable PDF on the county website, and the AOPC public records forms page hosts the statewide certifications you will need.
Step-by-Step: How to Fill Out the Pennsylvania Complaint in Confession of Judgment Line by Line
The complaint follows the same order in every county, even though local cover sheets vary. Every section below is a discrete H3 because each one carries its own drafting risks.
Caption — Court, County, and Term and Number
The caption tells the prothonotary which court is hearing the case, who the parties are, and what the docket assignment is. It sits at the very top of page one and must mirror the instrument’s named parties exactly.
To answer this field, type the words “IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA — CIVIL DIVISION” in all caps, centered. Below that, list the plaintiff on the left and the defendant on the right, separated by a colon block. Leave the term and number blank for the prothonotary.
For example, Keystone Capital Partners, LLC writes its name flush left and Maria Lopez and Lopez Bakery, Inc. flush right. The case caption reads Keystone Capital Partners, LLC v. Maria Lopez and Lopez Bakery, Inc.
A common edge case is a defendant who signed only as guarantor. List the guarantor as a separate defendant, and indicate “(Guarantor)” in parentheses after the name so the writ of execution later issues correctly.
The most common mistake on the caption is naming a trade name instead of the legal entity. If you sue “Lopez Bakery” instead of Lopez Bakery, Inc., the judgment is void as to the corporation and you must refile.
A frequent misconception is that the caption can be amended later without consequence. In confession practice, the caption defines the parties bound by the warrant, and amending it after entry typically requires a new complaint, not a notice of amendment.
Plaintiff Identification Paragraph (Paragraph 1)
Paragraph 1 identifies the plaintiff with enough detail to prove standing to enforce the warrant. This is where assignees prove their chain of title.
Write the plaintiff’s full legal name, state of formation, principal place of business, and — if an assignee — the date and instrument by which the warrant was assigned. Use complete sentences in numbered paragraphs.
For example, Keystone Capital Partners, LLC writes: “Plaintiff Keystone Capital Partners, LLC is a Delaware limited liability company with its principal place of business at 100 Market Street, Philadelphia, PA 19103, and is the assignee of the Note and Warrant pursuant to the Assignment dated March 1, 2026, attached as Exhibit B.”
The nuance here is the foreign LLC question. If the plaintiff is a non-Pennsylvania entity doing business in the Commonwealth, 15 Pa.C.S. § 411 requires a certificate of authority before suit, and you should plead compliance.
A common mistake is omitting the assignment recital. If you do not plead the chain, the prothonotary may strike the complaint because the warrant runs only to the original payee under cases such as Frantz Tractor Co. v. Wyoming Valley Nursery, 384 Pa. 213 (1956), summarized on the Pennsylvania Unified Judicial System opinions search.
The misconception is that “successor in interest” language alone is enough. It is not — you must attach the assignment.
Defendant Identification Paragraph (Paragraph 2)
Paragraph 2 identifies each defendant by exact legal name, address, and capacity (maker, co-maker, guarantor, tenant, surety). The prothonotary uses these names to index the judgment in the public docket.
Write each defendant in its own subparagraph: “2(a). Defendant Maria Lopez is an adult individual residing at 422 South 9th Street, Philadelphia, PA 19147, who executed the Note and Warrant in her individual capacity as Guarantor.”
The edge case is a married couple where only one spouse signed. List only the signer, because the warrant cannot bind a non-signing spouse. Do not “add” the spouse to capture marital property — that is exactly what triggers strike petitions.
The mistake to avoid is using a P.O. Box. The address must be a physical service address because Pa.R.C.P. 2958.1 notice must be sent there.
The misconception is that the address listed in the original instrument controls. It does not — you must use the current address known to the plaintiff, or the notice fails.
Recital of the Instrument and Warrant (Paragraph 3)
Paragraph 3 recites the date, parties, and key terms of the underlying note, lease, or guaranty. It also pleads that the instrument contains the warrant.
Write a paragraph that names the instrument, its date, the original principal or rent amount, the maturity, and the warrant clause. For example: “On January 15, 2025, Defendants executed and delivered to Plaintiff a Commercial Promissory Note in the original principal amount of $250,000, a true and correct copy of which is attached as Exhibit A. The Note contains a Warrant of Attorney to Confess Judgment at Section 12, set out conspicuously in bold, capitalized type.”
The nuance is conspicuousness. Pennsylvania law requires the warrant to be conspicuous and signed or initialed adjacent to the warrant clause; L.B. Foster Co. v. Tri-W Construction Co., 409 Pa. 318 (1962), discussed on Ballard Spahr’s confession of judgment alerts, is the leading case.
The mistake is paraphrasing the warrant. Quote it verbatim, because the court reads the confession against the warrant word for word.
The misconception is that referencing the warrant by section number is sufficient. It is not — you must quote and attach.
Averment of Default (Paragraph 4)
Paragraph 4 pleads the specific default that triggered the right to confess. Without this, there is nothing to confess.
State the default with date, amount, and provision violated. For example: “On April 1, 2026, Defendants failed to make the monthly installment payment of $4,318.22 due under Section 3 of the Note, and have failed to cure that default after written notice dated April 5, 2026, attached as Exhibit C.”
The edge case is acceleration. If you are confessing the full balance, plead the acceleration clause, the notice, and the date acceleration was effective.
The mistake is pleading default “on information and belief.” Default must be pleaded with specificity and verified by a person with personal knowledge under Pa.R.C.P. 1024.
The misconception is that the warrant can be exercised without any default at all. Even “anytime” warrants require a default in most counties’ practice, and judges routinely strike “no-default” confessions.
Itemized Computation of Amount Due (Paragraph 5)
Paragraph 5 is where most strike petitions are won or lost. It lists every dollar claimed, broken down by category.
Set out a numbered list inside the paragraph: principal balance, accrued interest at the contract rate from the last payment date through the date of confession, late fees by date, costs, and attorney’s fees as authorized by the warrant. For example: “Principal: $238,442.10; Interest at 8.5% from 4/1/2026 to 5/22/2026 = $2,808.71; Late charges: $215.91; Attorney’s fees (5% per Section 12): $12,073.34; Total: $253,540.06.”
The nuance is the attorney’s fee cap. Many warrants set a percentage; charge no more than the warrant authorizes, and disclose the calculation method. Dollar Bank v. Northwood Cheese Co., 637 A.2d 309 (Pa. Super. 1994), available through the Pennsylvania Superior Court opinions, is the canonical authority on reasonable attorney’s fees in confessions.
The mistake is claiming a flat 10% attorney’s fee when the warrant says “reasonable.” This invites the court to strike or open the judgment.
The misconception is that future interest can be confessed. It cannot — only sums actually due as of the confession date are recoverable.
Confession Clause (Paragraph 6)
Paragraph 6 is the operative confession itself. This is the sentence that asks the prothonotary to enter judgment.
Use the precise language: “Plaintiff, by its undersigned counsel as attorney-in-fact for Defendants pursuant to the Warrant of Attorney contained in the Note attached as Exhibit A, hereby CONFESSES JUDGMENT against Defendants Maria Lopez and Lopez Bakery, Inc., jointly and severally, in the amount of $253,540.06, together with costs of suit.”
The edge case is multiple defendants with different liability caps (e.g., a guarantor capped at $100,000). Confess against each defendant up to that defendant’s cap, and state the cap explicitly.
The mistake is confessing in a “lump” against all defendants when liability differs. A capped guarantor can have the entire judgment stricken if the confession exceeds the cap.
The misconception is that the attorney signs as plaintiff’s lawyer. The attorney signs as attorney-in-fact for the defendant, under the warrant — that is the entire legal mechanism.
Exhibits Block
The exhibits block lists every document attached. Pennsylvania practice requires the original or a certified true copy of the instrument bearing the warrant.
Label exhibits in order: Exhibit A — Note (with Warrant); Exhibit B — Assignment; Exhibit C — Notice of Default; Exhibit D — Affidavit of Non-Military Service under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
The edge case is a multi-page warrant. Attach every page, even pages that do not bear the warrant, because the warrant must be read in context.
The mistake is attaching a redacted instrument that hides the warrant. The warrant itself must be visible and unredacted; only personal identifiers may be redacted under Pa.R.C.P. 440.
The misconception is that “Exhibit A” can be a summary or extract. The rule requires the actual instrument.
Verification
The verification under Pa.R.C.P. 1024 attests that the facts in the complaint are true based on the verifier’s personal knowledge or information and belief, and that false statements are subject to penalties under 18 Pa.C.S. § 4904.
Use the standard form: “I, James Carter, Vice President of Keystone Capital Partners, LLC, verify that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief…” Sign and date.
The edge case is verification by counsel. Counsel may verify only when the client is unavailable, and the verification must say so.
The mistake is having a paralegal sign the verification. Only a person with knowledge may verify.
The misconception is that the verification can be added later by errata. It cannot — an unverified complaint can be stricken.
Certificate of Compliance and Cover Sheet
The Public Access Policy certificate confirms that confidential information is filed correctly. Most counties also require a civil cover sheet.
Attach the statewide Certification of Compliance and the county civil cover sheet — for example, the Philadelphia Civil Cover Sheet.
The edge case is sealed financial information. File a Confidential Information Form alongside the public-redacted complaint.
The mistake is filing without the certificate. Many counties auto-reject the entire package.
The misconception is that the cover sheet is optional. It is not — local rules treat it as part of the pleading.
Three Filled-Out Examples Using Real Scenarios
Below are three of the most common scenarios in Pennsylvania confession practice. Each follows one named plaintiff through the complaint.
Scenario 1 — Commercial Loan Default (Keystone Capital Partners, LLC v. Lopez Bakery, Inc.)
| Form Section | What Keystone Enters |
|---|---|
| Caption — County | Court of Common Pleas of Philadelphia County, Civil Division |
| Plaintiff Identification | Keystone Capital Partners, LLC, a Delaware LLC, principal office 100 Market Street, Philadelphia, PA |
| Defendants | Lopez Bakery, Inc. (maker) and Maria Lopez (guarantor) |
| Instrument Recital | Commercial Promissory Note dated 1/15/2025, original principal $250,000, Warrant at Section 12 |
| Default | Missed installment due 4/1/2026; acceleration noticed 4/5/2026 |
| Itemization | Principal $238,442.10; Interest $2,808.71; Late fees $215.91; Attorney’s fees $12,073.34 |
| Confession | Confesses $253,540.06 jointly and severally |
| Exhibits | A — Note; B — Personal Guaranty; C — Notice of Default; D — SCRA Affidavit |
| Verification | James Carter, VP, signs under Pa.R.C.P. 1024 |
Scenario 2 — Commercial Lease Default (Liberty Plaza Holdings, LP v. Brewhouse Café, LLC)
| Form Section | What Liberty Plaza Enters |
|---|---|
| Caption — County | Court of Common Pleas of Allegheny County, Civil Division |
| Plaintiff Identification | Liberty Plaza Holdings, LP, a Pennsylvania limited partnership, owner of 425 Liberty Avenue, Pittsburgh |
| Defendants | Brewhouse Café, LLC (tenant) and Daniel Reyes (guarantor) |
| Instrument Recital | Commercial Lease dated 6/1/2024, monthly rent $9,500, Warrant at Section 28(b) |
| Default | Failure to pay rent for March, April, May 2026 |
| Itemization | Past-due rent $28,500; Late fees $1,425; CAM reconciliation $2,108; Attorney’s fees $3,200 |
| Confession (Money) | Confesses $35,233 under Pa.R.C.P. 2951 |
| Confession (Possession) | Separate complaint in possession under Pa.R.C.P. 2970 for the leased premises |
| Verification | Karen Walsh, Asset Manager, verifies the rent ledger |
Scenario 3 — Personal Guaranty on Equipment Finance (Three Rivers Equipment Finance Corp. v. Aisha Patel)
| Form Section | What Three Rivers Enters |
|---|---|
| Caption — County | Court of Common Pleas of Montgomery County, Civil Division |
| Plaintiff Identification | Three Rivers Equipment Finance Corp., Pennsylvania business corporation |
| Defendant | Aisha Patel, individual, 18 Cedar Lane, Norristown, PA, in her capacity as Guarantor |
| Instrument Recital | Continuing Guaranty dated 9/10/2023 of Equipment Finance Agreement with Patel Logistics, LLC |
| Default | Underlying obligor defaulted 2/1/2026; demand on Guarantor 2/15/2026 |
| Itemization | Deficiency $84,710; Interest $1,402; Repossession costs $3,250; Attorney’s fees $4,468 |
| Confession | Confesses $93,830 against Aisha Patel individually |
| Exhibits | A — Continuing Guaranty; B — Equipment Finance Agreement; C — Repossession and Sale Statement |
| Verification | Marcus Lee, Collections Director, verifies |
Other named filers worth knowing across the article include Janet Brooks, a sole proprietor confessing on a small commercial note; Carlos Nguyen, a landlord confessing for possession of a retail bay; and Aaron Feldman, an assignee bank pursuing a deficiency after equipment sale.
How to File the Completed Form
You file the complaint with the prothonotary of the county where venue lies. Pennsylvania allows multiple channels, and you must choose one before drafting because cover sheets and signatures vary.
E-filing through PACFile. The statewide PACFile portal accepts confessions in many counties. Filing fees are paid by ACH or credit card. Expect docketing within 1–2 business days. Save the PACFile receipt as proof of filing.
Philadelphia Civil Electronic Filing. In the First Judicial District, file through the Philadelphia Civil EFS. Current fees are listed on the Philadelphia Civil Filing Fees schedule. Payment is by credit card or filer account. Processing typically completes the same business day; keep the time-stamped EFS confirmation.
In-person filing at the prothonotary. Bring three sets — original plus two copies — to the county Prothonotary’s Office, for example, the Allegheny County Department of Court Records. Pay by check, money order, or cash where accepted, and ask the clerk to time-stamp your file copy.
Filing by mail. Mail to the Prothonotary with a check for the filing fee and a self-addressed stamped envelope for the time-stamped copy. Processing can take 5–10 business days. Always send certified mail, return receipt requested, as proof of filing.
After judgment is entered, you must serve the Pa.R.C.P. 2958.1 notice of judgment within 30 days by ordinary and certified mail. Failure to send the notice tolls the 30-day period to file a strike or open petition under Pa.R.C.P. 2959.
What Happens After You File
Once the prothonotary accepts the complaint, judgment is entered in the judgment index of the county. The judgment is then a lien on all real estate the defendant owns in that county, under 42 Pa.C.S. § 4303.
Within 30 days, the plaintiff must mail the Pa.R.C.P. 2958.1 notice. The notice must include the docket number, the amount of the judgment, the right to file a petition to strike or open within 30 days, and the addresses of the prothonotary and plaintiff’s counsel. The AOPC sample notice is a useful starting template.
The defendant has the right to file a petition to strike (for defects on the face of the record) or open (for a meritorious defense) under Pa.R.C.P. 2959. If the defendant does nothing, the plaintiff may issue a writ of execution under Pa.R.C.P. 3252 and proceed to garnish bank accounts, levy on personal property, or schedule a sheriff’s sale of real estate.
The plaintiff may also transfer the judgment to other Pennsylvania counties under 42 Pa.C.S. § 4311 or domesticate it in another state under that state’s enforcement of foreign judgments act.
Mistakes to Avoid When Filling Out the Form
Pennsylvania appellate courts have stricken or opened confessed judgments for each of the errors below. Each is its own filing risk.
- Filing in a consumer transaction — voids the warrant under 41 P.S. § 407; judgment will be stricken.
- Failing to attach the original instrument — the prothonotary cannot enter judgment without the warrant in the record.
- Pleading default “on information and belief” — verification under Pa.R.C.P. 1024 requires personal knowledge of default.
- Using a P.O. Box for a defendant — the Pa.R.C.P. 2958.1 notice will be ineffective.
- Charging a flat attorney’s fee greater than what the warrant authorizes — opens the judgment to reduction under Dollar Bank.
- Confessing future or unmatured interest — only sums actually due may be confessed.
- Omitting an assignment chain — assignees lose standing without the chain attached.
- Naming a trade name instead of the legal entity — judgment is unenforceable against the corporation.
- Skipping the SCRA affidavit — missing affidavit can void the judgment as to a servicemember.
- Forgetting the Public Access Policy certification — many counties auto-reject the package.
- Confessing past the warrant’s stated cap — guarantor judgments are stricken in full when the cap is exceeded.
- Filing in the wrong county — venue defects are grounds for strike under Pa.R.C.P. 2959.
Do’s and Don’ts
- Do quote the warrant of attorney verbatim in the complaint, because Pennsylvania courts read confessions against the warrant word for word.
- Do verify the complaint with a person of personal knowledge, because Pa.R.C.P. 1024 requires it.
- Do itemize every dollar claimed, because itemization is the most common point of attack.
- Do attach the assignment when the plaintiff is not the original payee, because standing fails without it.
- Do send the Pa.R.C.P. 2958.1 notice on time, because late notice tolls the strike-petition clock.
-
Do confirm the transaction is commercial, because consumer warrants are void.
-
Don’t charge attorney’s fees in excess of the warrant, because Dollar Bank requires reasonableness.
- Don’t rely on a paralegal verification, because only a knowledgeable witness may verify.
- Don’t name a trade name in the caption, because the judgment will not bind the corporation.
- Don’t redact the warrant clause, because the warrant must be visible to the court.
- Don’t confess unmatured sums, because future interest cannot be confessed.
- Don’t skip the civil cover sheet, because local rules treat it as part of the pleading.
Pros and Cons of Filing on Your Own vs. With Help
Confession of judgment is a niche practice. Most plaintiffs use counsel because the rules are unforgiving, but smaller commercial creditors sometimes file pro se. The trade-offs follow.
Pros of filing with an attorney
- Counsel can sign the confession as attorney-in-fact for the defendant under the warrant, which is the operative legal mechanic.
- An attorney is more likely to draft an itemization that survives a strike petition.
- Counsel knows local cover-sheet practice in each county.
- An attorney can pivot quickly to execution under Pa.R.C.P. 3252.
- Counsel can assess whether the transaction is consumer in nature and refuse to file an unwinnable case.
Cons of filing with an attorney
- Legal fees can exceed the recovery on small balances.
- Outside counsel needs time to learn the file before drafting.
- Conflicts of interest can delay engagement.
- Some warrants cap recoverable attorney’s fees, leaving the creditor exposed for the rest.
- Coordination with servicers and assignors adds drafting time.
Pros of filing pro se
- Lower out-of-pocket cost on small balances.
- The creditor controls timing.
- The creditor knows the file better than anyone.
- For routine renewals or transfers between counties, paperwork is mechanical.
- Filing fees alone are often modest under the Philadelphia Civil Filing Fees and similar county schedules.
Cons of filing pro se
- A pro se non-lawyer cannot sign the confession as attorney-in-fact, which is fatal in many counties.
- Pro se filers commonly miss the Pa.R.C.P. 2958.1 notice deadline.
- Verification rules under Pa.R.C.P. 1024 trip up corporate filers.
- Errors in itemization invite a fee-shifting strike petition.
- Assignment chains are easy to mis-plead.
Confession for Money vs. Confession for Possession
| Feature | What It Means |
|---|---|
| Governing rule | Pa.R.C.P. 2950–2967 for money; Pa.R.C.P. 2970–2976 for possession |
| Typical instrument | Note, guaranty, equipment finance agreement (money); commercial lease (possession) |
| Relief | Money judgment with lien (money); writ of possession (possession) |
| Typical exhibits | Note, guaranty, payment ledger (money); lease, default notice, ledger (possession) |
| Post-judgment process | Writ of execution under Pa.R.C.P. 3252 (money); writ of possession to sheriff (possession) |
| Key defense | Strike or open under Pa.R.C.P. 2959 (both) |
| Notice | Pa.R.C.P. 2958.1 (money); Pa.R.C.P. 2973.3 (possession) |
| Consumer ban | Yes, both, under 41 P.S. § 407 |
FAQs
Can I confess judgment in a consumer loan?
No. Pennsylvania’s Act 6, 41 P.S. § 407, and the FTC Credit Practices Rule bar confession warrants in consumer credit. Filing one is sanctionable.
Do I need an attorney to file the complaint?
No, technically a corporate creditor can file pro se in some counties, but the confession itself must be signed by a person acting as attorney-in-fact under the warrant. Most filers retain counsel.
What goes in Paragraph 5 if interest is variable?
Yes, you still itemize. State each rate-change date, the rate in effect, and the resulting interest accrual. A single “interest” line will often draw a strike motion.
Do I write the defendant’s full legal name or trade name in the caption?
Yes, write the full legal name exactly as it appears in the instrument. Trade names alone produce judgments that cannot be enforced against the entity.
Can I include attorney’s fees not stated in the warrant?
No. Attorney’s fees must be authorized by the warrant and reasonable under Dollar Bank v. Northwood Cheese Co., available through the Pennsylvania Superior Court opinions.
What if my warrant is on a separate page from the signature?
No problem if the page is attached and the warrant is conspicuous, but you must attach the signed page and plead conspicuousness, citing L.B. Foster Co. v. Tri-W Construction Co. if challenged.
How long do I have to send the Pa.R.C.P. 2958.1 notice?
Yes, 30 days from entry of judgment. The notice must go by both ordinary and certified mail under Pa.R.C.P. 2958.1.
Can I confess against a guarantor who didn’t sign the note?
Yes, but only if the guarantor signed a separate guaranty containing its own warrant. Without a warrant in the guaranty, no confession is possible.
Does a P.O. Box satisfy the defendant address requirement?
No. The Pa.R.C.P. 2958.1 notice must reach a physical address, and the prothonotary indexes the judgment using the listed address.
What’s the filing fee in Philadelphia?
Yes, fees are published; current rates are on the Philadelphia Civil Filing Fees schedule, and they are updated periodically by the First Judicial District.
Can I confess for both money and possession in one complaint?
No. Pennsylvania uses two different rule sets — Pa.R.C.P. 2951 for money and Pa.R.C.P. 2970 for possession — and you must file two separate complaints.
How long does the defendant have to file a strike or open petition?
Yes, 30 days from notice of judgment under Pa.R.C.P. 2959. The clock does not start until the Pa.R.C.P. 2958.1 notice is properly served.
Can I e-file in every Pennsylvania county?
No. Most counties accept e-filing through the PACFile portal, and Philadelphia uses its own Civil EFS, but a few counties still require paper.
Do I have to file an SCRA affidavit?
Yes. The Servicemembers Civil Relief Act, 50 U.S.C. § 3931, requires an affidavit of non-military service, and many prothonotaries reject filings without it.
Related reading
- How to Fill Out Pennsylvania Civil Cover Sheet (Common Pleas) + FAQs
- How to Fill Out Pennsylvania Form DC-06 (w/Examples) + FAQs
- How to Fill Out Pennsylvania Form DC-104 (w/Examples) + FAQs
- How to Fill Out Pennsylvania Form DC-310 (w/Examples) + FAQs
- How to Fill Out Pennsylvania Praecipe for Writ of Summons + FAQs
- How to Fill Out Pennsylvania Praecipe to Enter Judgment by Confession + FAQs
- How to Fill Out Washington Form LT 01 (w/Examples) + FAQs