Offer to Confess Judgment


  • Definition. An offer to confess judgement is a procedure in a suit for moetary damages where a defendant can make an offer that if denied allows the defendant to collect attorneys fees from the plaintiff if the ultimate award is less than the offer made by the defendant. The purpose is to incentative early settlement.
  • Oklahoma Statutory Basis:
    • Okla. Stat. tit. 12, § 940 (1979). Applies to negligence cases involving injury to property and only allows the defendant to make an offer.
    • Okla. Stat. tit. 12, § 1101 (1910). Applies to any civil action for the recovery of money, but still only allows the defendant to make an offer. Not sure how this statute is different than §1106.
    • Okla. Stat. tit. 12, § 1101.1 (2002). Subsection "A" applies to actions for wrongful death, personal injury, and wrongful termiantion under the Workers' Compensaton Act, which have an amount in controvercy greater than $100,000.00. Does have a provision for both defendants and plaintiffs. Subsection "B" applies to a civil action for the recovery of money that is not of a type specifically covered in Subsection "A."
    • Okla. Stat. tit. 12, § 1106 (1910). Applies to any civil action for the recovery of money, but still only allows the defendant to make an offer. Not sure how this statute is different than § 1101.
  • Problems with the Oklahoma Statutes:
    • Multiple conflicting statutes in affect covering the same issue.
    • Cannot determine the substative difference between §1101 and §1106.
    • Must of the statutes do not provide an avenue for the plaintiff to make a counter offer of judgement. There is no oppurtunity for a plaintiff in a personal injury case with less than $100,000.00 in controversy.
    • None of the statutes allow a plaintiff to initiate the process.