Warrant of Attorney: A Comprehensive Guide to Its Legal Meaning

Definition & Meaning

A warrant of attorney is a legal document that grants a lawyer the authority to represent a client in court. This document allows the attorney to confess judgment on behalf of the client, meaning they can admit liability for a debt or obligation in court. It is designed to expedite legal proceedings by preventing the client from taking actions that could delay the judgment, such as filing appeals or other legal motions. This practice originates from common law and is commonly used in debt-related cases.

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Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A business owner owes $10,000 to a supplier. They sign a warrant of attorney allowing their attorney to admit this debt in court, leading to a quick judgment against them, which simplifies the resolution of the debt.

State-by-state differences

State Variations
California Warrants of attorney must be notarized.
New York Specific forms are required for the document to be valid.
Texas Warrants of attorney are commonly used in debt collection cases.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Power of Attorney A broader document that grants an agent authority to act on behalf of a principal in various matters, not limited to court admissions.
Confession of Judgment A formal admission of liability that allows a creditor to obtain a judgment without a trial, often included in warrants of attorney.

What to do if this term applies to you

If you are considering signing a warrant of attorney, it is essential to understand the implications fully. Make sure you consult with a legal professional to discuss your situation. If you decide to proceed, you can use templates from US Legal Forms to create a warrant of attorney that meets your needs.

Quick facts

  • Typical use: Debt collection cases.
  • Jurisdiction: Varies by state.
  • Common requirement: Written and often notarized document.

Key takeaways

Frequently asked questions

A warrant of attorney is a document that allows an attorney to confess judgment on behalf of a client, admitting liability for a debt in court.