New Mexico Affidavit for Judgment by Confession for Money Due

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Multi-State
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US-03303BG
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Word; 
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Description

A confession of judgment is a written agreement in which the defendant in a lawsuit admits liability and accepts the amount of agreed-upon damages that must be paid to the plaintiff. A confession of judgment may be filed as a court judgment against the defendant who does not pay or perform as agreed. Such an agreement attempts to minimize the need to resort to legal proceedings to resolve a dispute. Careful consideration needs to be given to signing an agreement for confession of judgment, since doing so signs away rights to contest a claim in a future dispute.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A confession of judgment is a legal device - usually a clause within a contract - in which a debtor agrees to allow a creditor, upon the nonoccurrence of a payment, to obtain a judgment against the debtor, often without advanced notice or a hearing.

Basic Procedure: A confession of judgment is a written statement, signed and verified by the defendant under oath. It must be accompanied by an independent attorney's declaration. The papers are submitted to the clerk of the court for entry; the court then places its imprimatur on it.

What Is a Confession of Judgment? A confession of judgment is a written agreement, signed by the defendant, that accepts the liability and amount of damages that was agreed on. A confession of judgment is a way to circumvent normal court proceedings and avoid a lengthy legal process to resolve a dispute.

As of January 1, 2023, however, California updated its Code of Civil Procedure Section 1132 to render judgments by confession unenforceable and inadmissible in any Superior Court. The law does not apply the foregoing provision to a judgment by confession obtained or entered before January 1, 2023.

Confessions of judgment on consumer loans are outlawed by the Federal Trade Commission but are still legal on business loans in certain states: Illinois, Maryland, Michigan, Minnesota, New Jersey, Ohio, Pennsylvania, Virginia and Texas.

A typical confession of judgment reads, "The undersigned irrevocably authorizes any attorney to appear in any court of competent jurisdiction and confess a judgment without process in favor of the creditor for such amount as may then appear unpaid hereon, and to consent to immediate execution upon such judgment."

On behalf of the Company, I hereby confess judgment in favor of _____________ (?Plaintiff?), in the amount of the Default Amount (as defined in the senior secured promissory note between the parties, dated ____________, 2018 (the ?Note?)), less any payments made on or after the date of this affidavit of confession of ...

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New Mexico Affidavit for Judgment by Confession for Money Due