2013 Mississippi Code
Title 11 - CIVIL PRACTICE AND PROCEDURE
Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS
§ 11-7-181 - Office confession of judgment; how made
A person indebted to another in any sum of money within the jurisdiction of the circuit court, on any promise, agreement, or covenant, may sign an office confession of judgment in the clerk's office of the circuit court, in the manner following, to wit: The creditor shall file in the clerk's office a statement, under oath, substantially to the effect following, viz.:
"The State of Mississippi, County.
In the circuit court of said county, day of , A.D. .
states, on oath, that is justly indebted to him for the amount of
dollars on an instrument of writing in the following words and figures, viz.:
(here copy the same), and in case of indorsement say indorsed as follows:
(here copy the indorsement), or on open account, of which a copy is hereto
attached, which remains due and unpaid, and that said sum of money is not due
or claimed under a fraudulent or usurious consideration.
"Sworn to and subscribed the day of A. D. before me. " ,
And if the evidence of the debt be in writing, the same shall be filed with
said statement; and if not in writing, then a copy of the open account shall
be filed; and the party indebted shall sign, before the clerk, an
acknowledgment written upon or annexed to such statement, to the effect
following, to wit:
"I do hereby acknowledge myself indebted to the said in the sum of
Dollars, which includes interest up to the first day of the next term of
the said circuit court, and I give my consent for judgment to be rendered
against me in favor of said , at the next term of said circuit court for
said amount and all legal costs accruing thereon, with stay of execution (if
any) until (as may be agreed upon).
"Taken and acknowledged the day of , A.D. , before me.
" , Clerk."
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