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Wednesday, September 9, 2015

EWING OIL, INC. VS. JOHN T. BURNETT, INC., ET AL. A-2770-13T1

EWING OIL, INC. VS. JOHN T. BURNETT, INC., ET AL. 
A-2770-13T1 
We examine the enforceability of a foreign judgment entered pursuant to a cognovit provision, which implicates the Full Faith and Credit clause and a defendant's due process rights of notice and an opportunity to be heard. 

Despite this state's refusal to permit judgments entered under confession clauses, courts remain bound to recognize judgments entered in another state whose procedure complies with due process. We decline to overturn precedent and reject defendant's "public policy" concerns. We affirm domestication of foreign confessed judgments is permissible so long as due process was knowingly and voluntarily waived and the judgment was obtained pursuant to the procedure of the forum state. We recite the analysis to determine whether the due process requirements of reasonable notice and opportunity to be heard are knowingly and voluntarily waived, as well as the necessary post-judgment procedure in the sister state.