A New York Affidavit for Judgment by Confession is a document that is filed in New York state courts when a debtor agrees to repay a debt in full, or admit to owing the debt and agree to pay it off over time. The document is signed by the debtor, and is witnessed by a notary public. The document includes information about the debt, such as the amount owed, the terms of repayment, and any additional charges or interest that may accrue. The Affidavit for Judgment by Confession is then filed with the court, and the court may enter a judgment against the debtor. There are two types of New York Affidavit for Judgment by Confession: a voluntary confession and an involuntary confession. A voluntary confession is when the debtor voluntarily repays the debt in full or agrees to pay it off over time. An involuntary confession is when the court enters a judgment against the debtor for the amount owed without the debtor's consent.
New York Affidavit for Judgment by Confession
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Primary tabs. 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.
New York law has long permitted a creditor to obtain a money judgment against a debtor by simply filing a confession of judgment ? an affidavit signed by the debtor ? with a county clerk within the state. The use of confessions of judgment is governed by CPLR 3218.
Amended CPLR § 3218 provides that the confession must state the New York county in which ?the defendant resided when it was executed,? and that the confession may only be filed in that county or, if the defendant moved to a different county within New York after signing the confession, ?where the defendant resided at
A confession of judgment is a significant legal concession, so it requires appropriate formalities to be executed and subsequently enforceable. California Code of Civil Procedure (CCP) sections 1132, 1133, and 1134 govern confessions of judgment.
New York law has long permitted a creditor to obtain a money judgment against a debtor by simply filing a confession of judgment ? an affidavit signed by the debtor ? with a county clerk within the state. The use of confessions of judgment is governed by CPLR 3218.
In particular, confessions of judgment are only valid for three years after they are signed. Given how quickly a confession of judgment can be turned into an actual judgment, and the potential for abuse, the New York legislature has recently amended CPLR § 3218 further to restrict the use of confessions of judgment.
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.
