Sopris Concrete, LLC v. Meeks

Plaintiff obtained a judgment by confession against defendant in a claim arising out of a mechanic’s lien action. Defendant appealed arguing that the confession-of-judgment provision in a settlement agreement violated section 2-1301(c) of the Code of Civil Procedure. The appellate court affirmed, holding that the settlement agreement was not a consumer transaction merely because it arose out of an underlying consumer transaction because it arose out of a mechanic’s lien, which did not meet the statutory definition of a consumer transaction. The appellate court remanded for determination of the amount of contractual attorney fees owed to the plaintiff by the defendant. (BRIDGES and SCHOSTOK, concurring)