2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 32 - (3201 - R3222) ACCELERATED JUDGMENT
3218 - Judgment by confession.


NY CPLR § 3218 (2012) What's This?
 
    § 3218. Judgment by confession. (a) Affidavit of defendant.  Except as
  provided in section thirty-two hundred one, 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;
    1. stating the sum for which judgment may be entered, authorizing  the
  entry of judgment, and stating the county where the defendant resides or
  if he is a non-resident, the county in which entry is authorized;
    2.  if the judgment to be confessed is for money due or to become due,
  stating concisely the facts out of which the debt arose and showing that
  the sum confessed is justly due or to become due; and
    3. if the judgment to be confessed is for the purpose of securing  the
  plaintiff  against  a  contingent liability, stating concisely the facts
  constituting the liability and showing that the sum confessed  does  not
  exceed the amount of the liability.
    (b)  Entry  of  judgment.  At  any  time  within three years after the
  affidavit is executed, it may be filed with  the  clerk  of  the  county
  where  the defendant stated in his affidavit that he resided when it was
  executed or, if the defendant was then a non-resident, with the clerk of
  the county designated in the affidavit. Thereupon the clerk shall  enter
  a  judgment  in  the  supreme  court for the sum confessed. He shall tax
  costs to the amount of fifteen dollars, besides disbursements taxable in
  an action.  The judgment may be docketed and enforced in the same manner
  and with the same effect as a judgment  in  an  action  in  the  supreme
  court.  No  judgment  by confession may be entered after the defendant's
  death.
    (c) Execution where the judgment is not all due. Where  the  debt  for
  which  the  judgment  is entered is not all due, execution may be issued
  only for the sum which has become due. The execution  shall  be  in  the
  form  prescribed  for  an  execution upon a judgment for the full amount
  recovered, except that it shall direct the sheriff to collect  only  the
  sum due, stating the amount with interest and the costs of the judgment.
  Notwithstanding  the  issuance  and collection of such an execution, the
  judgment shall remain in force as security for the sum or sums to become
  due after the execution is issued. When further sums become due, further
  executions may be issued in the same manner.
    (d) Confession by joint debtors. One or more joint debtors may confess
  a judgment for a joint debt due or to become due. Where  all  the  joint
  debtors  do  not  unite in the confession, the judgment shall be entered
  and enforced against only those who confessed it and it is not a bar  to
  an action against the other joint debtors upon the same demand.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.