Confession of Judgment
Statutes
"A judgment by confession may be entered, without an action, either for money due or to become due, or to secure the plaintiff against a contingent liability in behalf of the defendant, or both, upon an affidavit executed by the defendant under specified conditions.
At any time within three years after the affidavit is executed, it may be filed, but only with the clerk of the county where the defendant's affidavit stated that the defendant resided when it was executed or filed.
One or more joint debtors may confess a judgment for a joint debt due or to become due. NY CPLR § 3218
An exception to NY CPLR § 3218 is that no judgment by confession shall be entered on any affidavit which was executed prior to the time a default in the payment of an installment occurs in connection with the purchase for $1500 or less of any commodities for any use other than a commercial or business use upon any plan of deferred payments with two or more installments. Any judgment entered in violation of this section is void and unenforceable. NY CPLR § 3201"
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState