New York’s Governor signed a bill last week that revised how a judgment by confession can be entered in a New York Court. The new text of the law is below:
AN ACT to amend the civil practice law and rules, in relation to judgment by confession
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision (a) and subdivision (b) of section 3218 of the civil practice law and rules, paragraph 1 of subdivision (a) as amended by chapter 311 of the laws of 1963, are amended to read as follows:
1. stating the sum for which judgment may be entered, authorizing the entry of judgment, and stating the county where the defendant resides
(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.
§ 2. This act shall take effect immediately and apply to judgments by confession entered upon affidavits filed on or after such effective date.