2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › 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.