Motion for Confession of Judgment in New York

What Is a Motion for Confession of Judgment?

How to Structure the Motion

Section 3218 concerning Judgment by confession provides:

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;

stating the sum for which judgment may be entered, authorizing the entry of judgment, and stating the county where the defendant resides;
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
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.

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.
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.
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.

(N.Y. CPLR Law § 3218, Amended by New York Laws 2019, ch. 214, Sec. 1, eff. 8/30/2019.)

The Court’s Decision

“A confessed judgment may be entered only if accompanied by an affidavit executed by the defendant--the confessor--in conformity with the requirements of CPLR 3218(a).... The most important mission of the affidavit is to state the facts of the transaction on which the confession is based.” (Pearl Capital Rivis Ventures, LLC v. Cleo Healthcare Servs., Inc.(2014) N.Y. Slip Op. 30714 citing Siegel, New York Practice § 300 (3rd Edition 1999).)

“[T]he statutory requirement that an affidavit of confession of judgment [state] concisely the facts out of which the debt arose and [show] that the sum confessed is justly due (CPLR 3218(a)(2)) is designed for the protection of third persons who might be prejudiced in the event that a collusively confessed judgment is entered, and not for the protection of the defendant. Therefore, the defendant may not challenge the judgment by confession on the ground that the specificity requirements of CPLR 3218(a)(2) were not satisfied.” (Markowits v. Friedman (2013) NYSCEF DOC. NO. 91, at *6 citing Regency Club at Wallkill, LLC v Bienish (2012) 95 AD3d 879, 879; County Nat'l Bank v Vogt (1967) 28 A.D.2d 793, 794.)