Confessions of Judgment

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Statutes

"Confessions of Judgment are controlled by NMSA §39-1-10 through NMSA §39-1-20

Confessions of judgment can be only for money due, or to become due, or to secure a person against contingent liabilities on behalf of the defendant and must be for a specified sum. NMSA §39-1-10.

A statement in writing must be made and signed by the defendant and verified by his oath and filed with the clerk, and an affidavit of good faith must be attached. NMSA §39-1-11 and 39-1-15

Contracts providing for confession of judgement before cause of action accrues is prohibited. NMSA §39-1-16

The confession becomes a judgment of the Court once filed with, and docketed by, the Court Clerk. A foreign judgment based on a cognovit note that would be unenforceable in New Mexico also is unenforceable in New Mexico. NMSA §39-1-17 "

Cases

Comments

Cognovit notes are not enforceable in New Mexico, but confessions of judgment are enforceable if obtained after a cause of action has accrued against the confessor.

Contributors

Andrew Simons, Noe Astorga-Corral and Alison K. Goodwin
Sutin, Thayer & Browne

The statutory information was edited and reviewed with the support of MultiState

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