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Simple English definitions for legal terms
warrant of attorney
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A quick definition of warrant of attorney:
A warrant of attorney is a written document that gives a lawyer the power to appear in court and confess judgment in favor of a specified party. It is usually given as security for an obligation on which judgment is authorized. The warrant instructs the attorney not to bring any action, seek a writ of error, or file a bill in equity that might delay the judgment. It is important to have an attorney present when executing a warrant of attorney to ensure that the person understands the nature and effect of the document.
A more thorough explanation:
A warrant of attorney is a legal document that gives a lawyer the power to appear in court and confess judgment in favor of a specified party. It is usually given as security for an obligation on which judgment is authorized.
For example, if someone owes money to a creditor, they may give their lawyer a warrant of attorney to confess judgment in favor of the creditor if they fail to pay back the debt. This means that the lawyer can go to court and admit that their client owes the money, without the need for a trial or further legal action.
It is important to note that a warrant of attorney should not be given lightly, as it can have serious consequences. Once a judgment is confessed, it is very difficult to challenge or overturn.
In some jurisdictions, there are rules in place to protect debtors from being coerced into signing warrants of attorney without fully understanding their implications. For example, a debtor may be required to have an attorney present to explain the nature and effect of the warrant before it can be executed.