New York Affidavit for Judgment by Confession
Definition and meaning
The New York Affidavit for Judgment by Confession is a legal document used by a defendant to confess judgment in favor of a plaintiff. This affidavit facilitates the entry of judgment without the need for a trial. It is particularly relevant in matters where the defendant acknowledges their debt and agrees to pay a specified amount, along with any applicable interest.
How to complete a form
To complete the New York Affidavit for Judgment by Confession, follow these steps:
- Fill in your details as the defendant, including your name and current address.
- Specify the county in which you reside and authorize the entry of judgment in that same county.
- Clearly state the debt amount owed to the plaintiff, including the principal sum and any interest.
- Provide a detailed explanation of the facts that led to the debt, ensuring that it establishes the legitimacy of the amount confessed.
- Sign the document in front of a notary public, who will complete the notarization process.
Who should use this form
This form is intended for individuals who have outstanding debts and wish to resolve the matter by confessing judgment. It is suitable for defendants who acknowledge their liability towards a plaintiff and wish to expedite the legal process by agreeing to a judgment without engaging in litigation. Users should consult with an attorney if they have any uncertainties regarding their obligations or the implications of signing the affidavit.
Legal use and context
The New York Affidavit for Judgment by Confession is commonly used in civil debt cases. It serves as a mechanism for a creditor to obtain a judgment quickly when the debtor admits to the validity of the debt. This form ensures that the plaintiff has a legal recourse for enforcing the judgment, such as wage garnishment or property liens, without a court trial.
Key components of the form
The key components of the New York Affidavit for Judgment by Confession include:
- Defendant Information: Name and address of the defendant.
- Plaintiff Information: The name of the person or entity the debt is owed to.
- Debt Amount: The exact sum owed, including any interest.
- Confession of Judgment: A statement that the defendant admits the debt and allows for judgment to be entered.
- Signature and Notarization: The defendant’s signature must be notarized to authenticate the document.
Common mistakes to avoid when using this form
When completing the New York Affidavit for Judgment by Confession, be aware of these common pitfalls:
- Failing to provide accurate information, such as the correct amount of debt or personal details.
- Not offering a detailed explanation of how the debt arose.
- Overlooking the notarization process, which is crucial for the form’s validity.
- Ignoring the implications of confessing judgment, which may affect future financial responsibilities.
What documents you may need alongside this one
Alongside the New York Affidavit for Judgment by Confession, you may need:
- Any initial agreements or contracts related to the debt.
- Proof of the debt, such as invoices or statements.
- Identification for the notarization process, such as a driver’s license or another form of ID.
Form popularity
FAQ
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.
