I just looked at a copy of the lease. The lease doesn't stipulate anything about a confession of judgment being enforced.
He has an opening here: Confessions of Judgment are normally stipulated as a remedy for the creditor IN THE CONTRACT (the lease here).
This web site for a law firm in PA explains better the effect of a Confession of Judgment and a necessary qualification to make it valid:http://www.buteralaw.com/newsletters.asp?c=49&id=424
Confession of judgment" is an agreement by a party to a lease or promissory note that in the event of a default, the other party, usually a landlord or lender, may proceed to the county courthouse, declare a default and enter judgment immediately in an agreed amount.
...Lenders and landlords routinely insist upon a confession of judgment clause because it is a powerful remedy in the event of default.
Note the word "clause": That means it must be written into the contract!
Some recent case law:"Murray v. Ledbetter" (2006-Supreme Court of Alaska; the Confession of Judgment was filed in Nevada)
Chap Chapter 68: Judgments.http://www.leg.state.nv.us/NRS/NRS-068.html#NRS068Sec050
NRS 68.050 Judgments by confession. Judgments upon confession may be entered up in any justice court specified in the confession.
NRS Chapter 17:
NRS 17.090 Judgment by confession for debt due or contingent liability. 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 section and NRS 17.100 and 17.110.
[1911 CPA § 307; RL § 5249; NCL § 8805]
NRS 17.100 Written statement made by defendant; form. A statement in writing shall be made, signed by the defendant and verified by his oath, to the following effect:
1. It shall authorize the entry of judgment for a specified sum.
2. If it be money due, or to become due, it shall state concisely the facts out of which it arose, and shall 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 shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same.
[1911 CPA § 308; RL § 5250; NCL § 8806]
NRS 17.110 Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs. The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $28 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll.
If the confession of judgment did NOT conform to Nevada law AND filed with the appropriate court? It's invalid.
As for TX? Unfortunately, they are legal as long as TX RCP, Rule 314, is met:http://www.supreme.courts.state.tx.us/Rules/TRCP/RCP_all.pdf
RULE 314. CONFESSION OF JUDGMENT
Any person against whom a cause of action exists may, without process, appear in person or by attorney, and confess judgment therefor in open court as follows:
(a) A petition shall be filed and the justness of the debt or cause of action be sworn to by the person in whose favor the judgment is confessed.
(b) If the judgment is confessed by attorney, the power of attorney shall be filed and its contents be recited in the judgment.
(c) Every such judgment duly made shall operate as a release of all errors in the record thereof, but such judgment may be impeached for fraud or other equitable cause.
Note the ability to have the confession vacated for FRAUD.
If it is judged to be valid? TX will enforce it. BUT only if that confession of judgment complies with the above Rule.
The apartment managers office also gave my brother a final bill that states he has 15 days to make payment arrangements with them before they will assign it to a collection company. He made arrangements with them the day he turned his keys in in July. He was suppose to start making payments in October. They gave it to a collection agency in August.
So he made the arrangements...and they turned it over to a CA anyway? Why would they need to go to a CA to collect if the document were indeed a Confession of Judgment? All that would be needed to make it official would be to file it with a court.
Something stinks here.
He should contact the court in Nevada and find out if there is a judgment filed in his name. Checking to see if there is any such filing in TX would also be wise.
Does he have a copy of the agreement? What does it say?