Baker v. Gray

The defendant appeals from a McLean County circuit court order confirming a judgment confessed against the defendant. We reverse.

On December 5, 1984, the plaintiff filed a complaint seeking to confess judgment on a note he held from the defendant. The note was payable on demand for a face amount of $12,120 plus 15% annual interest. The interest accrued from the date of the note, January 26, 1984. The circuit court entered judgment in plaintiff’s favor, and notice issued to the defendant.

On January 9, 1985, the defendant filed a motion to open the judgment by confession. In his motion and the…