Plaintiffs Affidavit of Debtors Waiver of Rights
By executing this affidavit, the Plaintiff asserts that the Defendant is financially capable as of the signing of the document including the provision for judgment by confession. In this affidavit, the Plaintiff also presents details of the Defendant’s waiver.Download
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(6/02) IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA : : VS. : NO. : : PLAINTIFF’S AFFIDAVIT OF DEBTOR’S WAIVER OF RIGHTS Commonwealth of Pennsylvania County of ; ss being duly sworn/affirmed according to law, deposes and says that he is a plaintiff/agent for plaintiff in the above captioned matter; that at the time of the signing of the document containing provision for judgment by confession in the said matter, the individual natural defendant(s) ( ) (1) OR ( ) (2) (Check one) Earned more than $10,000 annually, If annual earnings are less than $10,000, did intentionally, understandingly, and voluntarily waive (a) the right to notice and hearing (b) the right of defalcation, i.e. the right to reduce or set off a claim by deducting a counterclaim (c) release of errors (d) inquest (to ascertain whether rents and profits of defendant’s real estate will be sufficient to satisfy the judgment within seven years) (e) stay of execution (if defendant owns real estate in fee simple within the county worth the amount to which the plaintiff is entitled, clear of encumbrances) (f) exemption laws now in force or hereafter to be passed (g) – The facts showing such waiver are: Sworn to and Subscribed before me this day of , 20 . Notary Public Signature Title or Position
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