N.Y. CVP. LAW § 3218 : NY Code - Section 3218: Judgment by confession
Search N.Y. CVP. LAW § 3218 : NY Code - Section 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.
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