§ 25-1309.Right to confess judgment; creditor's assent necessary.
Article 13: Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1309
Source
R.S.1867, Code § 433, p. 466; R.S.1913, § 8002; C.S.1922, § 8943; C.S.1929, § 20-1309; R.S.1943, § 25-1309.
Plain-English Summary
Confession of judgment is a shortcut around a full lawsuit: instead of the creditor suing and proving the claim, the debtor comes to court and admits the debt is owed. Section 25-1309 sets the basic requirement for doing this in Nebraska. Any person who is indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction and confess judgment for it.
That confession is not one-sided. It requires the assent of the creditor or the person who holds the cause of action. Once the debtor confesses with the creditor’s assent, judgment is entered accordingly. The remaining sections in this cluster — §§ 25-1310 through 25-1312 — fill in what the confession has to say and what an attorney confessing on someone’s behalf must produce.
Frequently Asked Questions
Can a debtor confess judgment without the creditor’s agreement?
No. Section 25-1309 requires the assent of the creditor or the person having the cause of action before a confession of judgment results in judgment being entered.
Does the debtor need a lawyer to confess judgment?
The statute says the indebted person may personally appear and confess judgment; § 25-1312 separately addresses what an attorney confessing judgment on someone’s behalf must produce to the court.
What court can accept a confession of judgment?
Any court of competent jurisdiction — the statute does not restrict confession of judgment to a particular court, only to one with jurisdiction over the matter.
Why would a debtor agree to confess judgment instead of contesting the claim?
Section 25-1309 does not address motive; it authorizes the mechanism when both the debtor and the creditor agree to proceed that way, entering judgment once the confession and assent occur.
Does confessing judgment require a full trial first?
No. Confession of judgment is a way to have judgment entered by the debtor’s own appearance and admission, with the creditor’s assent, rather than through a contested trial.