Cognovit actionem leads to a judgment after an action is brought while a modern-day judgment by confession may be entered without any action having been brought. Judgment by confession is considered essentially a voluntary act, by which the confessor submits to the jurisdiction of the court by consent... Even though there may not have been widespread abuse of cognovit judgments, the danger of abuse is always present and the probability of misuse or abuse occurring increases as the number of such notes increases.

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