New Hampshire Affidavit for Judgment by Confession for Money Due

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Multi-State
Control #:
US-03303BG
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Word; 
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Description

A confession of judgment is a written agreement in which the defendant in a lawsuit admits liability and accepts the amount of agreed-upon damages that must be paid to the plaintiff. A confession of judgment may be filed as a court judgment against the defendant who does not pay or perform as agreed. Such an agreement attempts to minimize the need to resort to legal proceedings to resolve a dispute. Careful consideration needs to be given to signing an agreement for confession of judgment, since doing so signs away rights to contest a claim in a future dispute.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Affidavit For Judgment By Confession For Money Due?

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FAQ

? Judgment by confession may be entered only in the county where the defendant resides or has real property or in the county where the plaintiff resides but the entry of judgment in any county shall be conclusive evidence that this section has been complied with. (d) Form of entry.

One reason for this may be because the use of confessions of judgment, by lenders, is prohibited by Florida statute. A confession of judgment is basically a contract provision which allows a creditor to enter a judgment against a debtor without the need to file a complaint or to conduct a trial.

Confessions of judgment on consumer loans are outlawed by the Federal Trade Commission but are still legal on business loans in certain states: Illinois, Maryland, Michigan, Minnesota, New Jersey, Ohio, Pennsylvania, Virginia and Texas.

Confessions of judgment must also state the county in New York where the defendant resided when it was executed. The plaintiff may only file the confession in that county or, if the defendant has moved to a different county after execution, the county where the defendant resided at the time of filing.

Any person against whom a cause of action exists may, without process, appear in person or by attorney, and confess judgment therefor in open court as follows: (a) A petition shall be filed and the justness of the debt or cause of action be sworn to by the person in whose favor the judgment is confessed.

In a confession of judgment, the defendant confesses judgment in favor of the plaintiff for a specified amount, and authorizes entry of judgment against him or herself for that sum and often for accrued interest and attorneys fees incurred by the creditor.

A confession of judgment is a legal device - usually a clause within a contract - in which a debtor agrees to allow a creditor, upon the nonoccurrence of a payment, to obtain a judgment against the debtor, often without advanced notice or a hearing.

In the event that the debtor triggers a condition of the Confession of Judgement, such as missing a required payment, the lender may file the affidavit with the court and obtain a judgment to collect the money ? all without needing to bring an actual lawsuit to prove their case.

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New Hampshire Affidavit for Judgment by Confession for Money Due