Section 3218. Judgment by confession  


Latest version.
  • (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.