15. A party may waive receiving notice in advance of litigation or after litigation has commenced. In D.H. OVERMYER CO. v. FRICK, 405 U.S. 174, 92 S.Ct. 775, 31 L.Ed.2d 124

(1972), the Supreme Court considered the constitutionality of a cognovit note by which a debtor may empower the creditor or an attorney to confess judgment against it and waive any objections to jurisdiction, notice, and service of process. The Court held that the cognovit note does not per se violate the Due Process Clause but must be assessed on a case-by-case basis with regard to such factors as lack of consideration and inequality of bargaining power.