§ 3218 — Judgment by confession

New York § 3218

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 32: Accelerated Judgment

Text

§ 3218. Judgment by confession. (a) Affidavit of defendant. Except as\nprovided in section thirty-two hundred one, a judgment by confession may\nbe entered, without an action, either for money due or to become due, or\nto secure the plaintiff against a contingent liability in behalf of the\ndefendant, or both, upon an affidavit executed by the defendant;\n 1. stating the sum for which judgment may be entered, authorizing the\nentry of judgment, stating the county where the defendant resides and,\nif applicable, stating that the interest rate for consumer debt pursuant\nto section five thousand four of this chapter applies;\n 2. if the judgment to be confessed is for money due or to become due,\nstating concisely the facts out of which the debt arose and showing that\nthe sum confessed is justly due or to become due; and\n 3. if the judgment to be confessed is for the purpose of securing the\nplaintiff against a contingent liability, stating concisely the facts\nconstituting the liability and showing that the sum confessed does not\nexceed the amount of the liability.\n (b) Entry of judgment. At any time within three years after the\naffidavit is executed, it may be filed, but only with the clerk of the\ncounty where the defendant's affidavit stated that the defendant resided\nwhen it was executed or where the defendant resided at the time of\nfiling. The clerk shall then enter a judgment in the supreme court for\nthe sum confessed. The clerk shall tax costs in the amount of fifteen\ndollars, besides disbursements taxable in an action. The judgment may be\ndocketed and enforced in the same manner and with the same effect as a\njudgment in an action in the supreme court. No judgment by confession\nmay be entered after the defendant's death. For purposes of this\nsection, a non-natural person resides in any county where it has a place\nof business.\n Notwithstanding any other provision of law to the contrary, a\ngovernment agency engaged in the enforcement of civil or criminal law\nagainst a person or a non-natural person may file an affidavit in any\ncounty within the state.\n (c) Execution where the judgment is not all due. Where the debt for\nwhich the judgment is entered is not all due, execution may be issued\nonly for the sum which has become due. The execution shall be in the\nform prescribed for an execution upon a judgment for the full amount\nrecovered, except that it shall direct the sheriff to collect only the\nsum due, stating the amount with interest and the costs of the judgment.\nNotwithstanding the issuance and collection of such an execution, the\njudgment shall remain in force as security for the sum or sums to become\ndue after the execution is issued. When further sums become due, further\nexecutions may be issued in the same manner.\n (d) Confession by joint debtors. One or more joint debtors may confess\na judgment for a joint debt due or to become due. Where all the joint\ndebtors do not unite in the confession, the judgment shall be entered\nand enforced against only those who confessed it and it is not a bar to\nan action against the other joint debtors upon the same demand.\n