How to Enforce a Confession of Judgment in Pennsylvania Commercial Leases

When a commercial tenant stops paying rent, it threatens the financial stability of your entire property. In most states, evicting a business or suing them for unpaid rent requires months of expensive, drawn-out litigation. However, Pennsylvania offers commercial landlords a uniquely powerful legal weapon: the Confession of Judgment (COJ).

A Confession of Judgment is a specialized clause written directly into a commercial lease. By signing it, the tenant voluntarily surrenders their right to a standard trial if they default on their lease. Instead, the landlord's attorney can essentially walk into the courthouse and immediately obtain a legal judgment for the unpaid money, the eviction, or both. Whether you manage a massive shopping center in Philadelphia or a small medical building in Lancaster, utilizing a COJ is the fastest way to reclaim your property and protect your income.

Step-by-Step Process in Pennsylvania

Because a COJ denies the tenant a standard day in court, Pennsylvania judges interpret them with extreme strictness. Even a minor typo can invalidate the judgment. Here is how a commercial landlord executes the process.

Step 1: Reviewing the Warrant of Attorney

First, your lawyer must review the original signed lease. The COJ clause (often called the Warrant of Attorney) must be highly conspicuous-usually in bold, all-caps font-and the tenant's signature must clearly show they understood they were waiving their rights. If the clause is hidden in small print, a judge will reject it.

Step 2: Drafting the Praecipe

Your attorney will draft a formal request to the court, known as a Form 2962, Pennsylvania, Court of Common Pleas, Confession of Judgment Where Action Commenced by Complaint. This document outlines the exact amount of money the tenant owes, including back rent, late fees, and attorney costs as outlined in the lease. They will also attach an affidavit stating that the tenant is in default.

Step 3: Filing and Serving the Pa.R.C.P. No. 236 Notice

The paperwork is filed with the prothonotary (civil clerk) at the local county court, such as the Dauphin County Court of Common Pleas, Harrisburg or the Lancaster County Court of Common Pleas, Lancaster. Once entered, the court immediately issues the judgment. The prothonotary then mails a Form 236, Pennsylvania, Court of Common Pleas, Notice of Entry of Order or Judgment Pursuant to Pa.R.C.P. 236 under Pa.R.C.P. No. 236 to the tenant, officially informing them that a judgment has been entered against them.

Enforcing COJ for Retail Spaces

Retail spaces are highly sensitive to market changes, and sudden tenant defaults are common. If a boutique shop in a strip mall stops paying rent, you can use a COJ for both money and possession. A COJ for possession allows the sheriff to quickly execute a writ of possession, locking the retail tenant out of the building. This speed is vital for retail landlords who need to get a paying tenant into the storefront before the lucrative holiday shopping season passes.

COJ for Industrial Warehouses

Industrial leases often involve massive square footage, specialized equipment, and extremely high monthly rent. When a logistics company defaults on a warehouse lease, the financial damage to the landlord accumulates daily. Furthermore, the tenant may try to quickly move valuable inventory out of the state. Executing a COJ for money allows the landlord to immediately place liens on the tenant's business bank accounts and equipment inside Pennsylvania, freezing their assets before they can disappear.

COJ for Medical Offices

Medical office leases are uniquely complex because they involve hazardous materials, specialized plumbing, and strict zoning laws. If a dental practice defaults, you cannot simply throw their medical records onto the street. While the COJ process remains the same, landlords must act carefully during the actual physical eviction (the writ of possession) to ensure compliance with health department regulations regarding the safe removal of medical equipment and patient files.

Strict Notice Requirements and Timeline

While the COJ is fast, you cannot ambush a tenant completely. Before executing (collecting) on the judgment, Pennsylvania law requires the landlord to provide a 30-day notice (Pa.R.C.P. No. 2958.1) under specific circumstances. The landmark case Dime Bank v. Andrews, 115 A.3d 358 (PA Superior Court 2015) reinforces that courts will strictly scrutinize the procedure. If you fail to serve the proper notice of execution after obtaining the judgment, the tenant can petition the court to strike the judgment entirely, forcing you to start over.

How Much Does it Cost in Pennsylvania?

Using a COJ is significantly cheaper than a full commercial lawsuit, but it still involves legal expenses.

• Court Filing Fees: Filing the Praecipe for Confession of Judgment generally costs between $150 and $300 in the county court.
• Sheriff Fees: If you need the sheriff to enforce the lockout or seize assets, expect to pay $150 to $400 in execution fees.
• Attorney Fees: Most attorneys charge hourly to prepare a COJ. Fortunately, a well-drafted commercial lease includes a clause requiring the defaulting tenant to pay your legal fees, which are calculated directly into the final judgment amount.

How Long Does the Process Take?

The beauty of the COJ is its speed. Once your lawyer files the Praecipe, the judgment is usually entered by the court clerk within a matter of days. However, executing that judgment (getting the money or the keys) takes a bit longer. Due to mandatory notice periods and sheriff scheduling, it generally takes 30 to 45 days from the moment you file to the day the tenant is physically locked out of the commercial property.

Frequently Asked Questions (FAQ)