Bronx New York Affidavit for Judgment by Confession for Money Due

State:
Multi-State
County:
Bronx
Control #:
US-03303BG
Format:
Word; 
Rich Text
Instant download

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

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.

After a confession of judgment is filed in Pennsylvania, the court will notify the party named in the document. The law grants the lender the right to take action within 30 days to obtain recompense for the debt. This can include levying the property of the borrower.

A typical confession of judgment provision in a commercial contract (e.g., a promissory note) authorizes the creditor upon a default under the agreement to obtain a judgment for the amount owed without notice to the debtor(s) or guarantor(s), and allows the creditor to immediately execute on the judgment.

In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person.

A confession of judgment is an affidavit in which a party admits liability to another party, accepts a quantification of damages and agrees that the affidavit may be filed as a judgment upon the occurrence of a stated condition, usually an affidavit from the creditor attesting to the default.

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.

Judgment is a court decision, spelled out in a court order, that adjudicates a dispute between two parties by determining the rights and obligations of each party. A judgment may require monetary compensation or transfer of property from one party to another.

The requirements are as follows: Notarized Affidavit of Defendant.Stating Sum for Which Judgment May be Entered.State County of Residence or Where Entry Authorized.State Facts Out of Which Debt Arose.Contingent liability.Entry of judgment.

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Bronx New York Affidavit for Judgment by Confession for Money Due