N.Y. CPLR § 3218

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3218 Judgment by confession § 3218. Judgment by confession. (a) Affidavit of defendant. Except asprovided in section thirty-two hundred one, a judgment by confession maybe entered, without an action, either for money due or to become due, orto secure the plaintiff against a contingent liability in behalf of thedefendant, or both, upon an affidavit executed by the defendant;1. stating the sum for which judgment may be entered, authorizing theentry of judgment, stating the county where the defendant resides and,if applicable, stating that the interest rate for consumer debt pursuantto section five thousand four of this chapter applies;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 thatthe sum confessed is justly due or to become due; and3. if the judgment to be confessed is for the purpose of securing theplaintiff against a contingent liability, stating concisely the factsconstituting the liability and showing that the sum confessed does notexceed the amount of the liability.(b) Entry of judgment. At any time within three years after theaffidavit is executed, it may be filed, but only with the clerk of thecounty where the defendant's affidavit stated that the defendant residedwhen it was executed or where the defendant resided at the time offiling. The clerk shall then enter a judgment in the supreme court forthe sum confessed. The clerk shall tax costs in the amount of fifteendollars, besides disbursements taxable in an action. The judgment may bedocketed and enforced in the same manner and with the same effect as ajudgment in an action in the supreme court. No judgment by confessionmay be entered after the defendant's death. For purposes of thissection, a non-natural pe manner and with the same effect as ajudgment in an action in the supreme court. No judgment by confessionmay be entered after the defendant's death. For purposes of thissection, a non-natural person resides in any county where it has a placeof business.Notwithstanding any other provision of law to the contrary, agovernment agency engaged in the enforcement of civil or criminal lawagainst a person or a non-natural person may file an affidavit in anycounty within the state.(c) Execution where the judgment is not all due. Where the debt forwhich the judgment is entered is not all due, execution may be issuedonly for the sum which has become due. The execution shall be in theform prescribed for an execution upon a judgment for the full amountrecovered, except that it shall direct the sheriff to collect only thesum due, stating the amount with interest and the costs of the judgment.Notwithstanding the issuance and collection of such an execution, thejudgment shall remain in force as security for the sum or sums to becomedue after the execution is issued. When further sums become due, furtherexecutions may be issued in the same manner.(d) Confession by joint debtors. One or more joint debtors may confessa judgment for a joint debt due or to become due. Where all the jointdebtors do not unite in the confession, the judgment shall be enteredand enforced against only those who confessed it and it is not a bar toan action against the other joint debtors upon the same demand.