Judgment by confession (COJ) is a legal mechanism that allows parties in a civil case to resolve disputes without going through a lengthy trial. The defendant concedes liability and consents to the entry of judgment against them, which is known as a voluntary agreement.
COJ swiftly resolves various situations, including settling outstanding debts, claims for breach of contract, or disputes involving bodily harm.
Serve Index LLC is a reliable company offering New York court filing services. We focus our efforts on the intricate and subtle legal process of judgment by confession.
Judgment by Confession in the New York Civil Court
An initial filing may be required to establish a judgment based on the debtor’s written admission or confession. It’s important to ensure that the judgment amount does not exceed the monetary jurisdiction limits of the court.
Furthermore, filing this document with the court clerk within three (3) years from the date the defendant signs it is crucial. This timeframe is essential to preserve your rights and legal standing.
A judgment by confession may be entered under the following circumstances:
- For money due
- For money to become due
- To secure the plaintiff against a contingent liability on behalf of the defendant
A judgment of confession cannot be entered under the following circumstances:
- If it is based on an affidavit executed before a default occurred in the payment of personal goods (valued at $1500.00 or less) bought under an installment plan for non-commercial or non-business use, where the payment is to be made in two or more installments
- In cases where the defendant has passed away
To obtain a Judgment by Confession of Money Due, you must submit a properly executed Defendant’s Affidavit (a standard form can be used). The Defendant’s Affidavit for Judgment by Confession should include the following details:
- The exact amount eligible for judgment entry
- The county of residence of the defendant, or if the defendant is a non-resident, the authorized county for the entry
- Detailed information about the circumstances giving rise to the debt
- A statement confirming the amount confessed is currently due or will become due
- Clear facts establishing the defendant’s liability
- An affirmation that the confessed amount does not exceed the liability
Joint Debtors’ Confession
One or more debtors can confess a judgment for a joint debt that is currently due or will become due.
However, it is important to note that if all joint debtors do not participate in the confession, the judgment will only be entered against those who confessed. This judgment does not prevent further legal action against the other joint debtors for the same demand.
Additionally, there will be costs taxed at $15.00, in addition to any taxable disbursements in the action.
Process for COJ
The process of judgment by confession typically involves the following steps:
- Execution of a Written Agreement: The defendant must sign a written agreement, commonly referred to as a confession of judgment clause. This clause explicitly acknowledges the defendant’s liability and signifies their consent to the entry of judgment.
- Legal Representation: The defendant must have competent legal representation throughout the process. This ensures that their rights are fully protected and safeguarded.
- Notarization: To validate its authenticity, the confession of judgment clause must be duly notarized.
- Filing in the Appropriate Jurisdiction: The confession of judgment (COJ) must be filed in the designated court with proper jurisdiction over the respective legal matter. Serve Index LLC can handle the court filing process on your behalf. We will submit the COJ to the appropriate court within the required timeline.
- Serving the Defendant: Our process servers can also serve the defendant with the COJ, ensuring that all legal requirements are met. This step is crucial to ensure the defendant receives proper notice of the proceedings.
Serve Index LLC will assist with Navigating the Complex Legal Landscape of Judgment by Confession
At Serve Index LLC, we take the guesswork out of filing confession judgments with the county clerk/court. We understand the sensitive nature of legal matters and ensure that all information remains confidential.