N.Y. Civil Practice Law & Rules § 3218: Judgment by confession

§ 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, stating the county where the defendant resides and,

if applicable, stating that the interest rate for consumer debt pursuant

to 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 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, but only with the clerk of the

county where the defendant's affidavit stated that the defendant resided

when it was executed or where the defendant resided at the time of

filing. The clerk shall then enter a judgment in the supreme court for

the sum confessed. The clerk shall tax costs in 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. For purposes of this

section, a non-natural person resides in any county where it has a place

of business.

Notwithstanding any other provision of law to the contrary, a

government agency engaged in the enforcement of civil or criminal law

against a person or a non-natural person may file an affidavit in any

county within the state.

(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.