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Rule 2-611 – Confessed Judgment

May 13, 2021 | Civil Prodcedure, Maryland

(a) Complaint; Written Instrument and Affidavit Required. A complaint seeking a confessed judgment shall be accompanied by the original or a copy of the written instrument authorizing the confession of judgment for a liquidated amount and an affidavit in the following form:

Affidavit for Judgment by Confession

1.

I, ___________________________ ,

am competent to testify.

(Name of Affiant)

2.

I am:

the plaintiff in this action.

or

____________________________________

(If the Affiant is not the plaintiff, state the Affiant’s relationship to the action.)

3.

The original or a copy of the written instrument authorizing the confession of judgment against the defendant is attached to the complaint.

4.

The amount due and owing under the instruments:

Principal

$ _____________________

Interest

$ _____________________

Attorneys’ Fees

$ _____________________

Total

$ _____________________

5.

The amount shown as the “Total in Paragraph 4 is:

[]

the face amount of the instrument.

or

[]

computed as follows:

__________________

(State the dates and amounts of all payments made and show the computation of all interest and attorneys’ fees claimed.)

6.

The address of the defendant is:

_____________________________________________

or

unknown, and the following efforts to locate the defendant have been made:______________________________.

(State specific details of the efforts made, including by whom and when the efforts were made.)
7. The instrument does not evidence or arise from a consumer loan as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, § 12-311(b).
8. The instrument does not evidence or arise from a consumer transaction as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, § 13-301.
9. The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, § 12-607.

I solemnly affirm under the penalties of perjury that the contents of the foregoing Affidavit are true to the best of my knowledge, information, and belief.

(Signature of Affiant)

(Date)

(b) Action by Court. If the court determines that (1) the complaint complies with the requirements of section (a) of this Rule and (2) the pleadings and papers demonstrate a factual and legal basis for entitlement to a confessed judgment, the court shall direct the clerk to enter the judgment. Otherwise, it shall dismiss the complaint.
(c) Notice. Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a motion to open, modify, or vacate the judgment. If the address of the defendant is stated in the affidavit, the notice and copies of the original pleadings shall be served on the defendant in accordance with Rule 2-121. If the court is satisfied from the affidavit filed by the plaintiff that despite reasonable efforts the defendant cannot be served or the whereabouts of the defendant cannot be determined, the court shall provide for notice to the defendant in accordance with Rule 2-122.
(d) Motion by Defendant. The defendant may move to open, modify, or vacate the judgment within the time prescribed for answering by sections (a) and (b) of Rule 2-321. The motion shall state the legal and factual basis for the defense to the claim.
(e) Disposition of Motion. If the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action, the court shall order the judgment by confession opened, modified, or vacated and permit the defendant to file a responsive pleading.
(f) Delay of Enforcement. Unless the court orders otherwise, property shall not be sold in execution of a judgment by confession and wages or other debt shall not be remitted by a garnishee to the judgment creditor until the expiration of the time for filing a motion under section (d) of this Rule and the disposition of any motion so filed.

Md. R. Civ. P. Cir. Ct. 2-611

This Rule is derived as follows:

Section (a) is in part derived from former Rule 645 a and in part new.

Section (b) is new.

Section (c) is new. The last sentence is consistent with former Rule 645 e.

Section (d) is derived from former Rule 645 c.

Section (e) is derived from former Rule 645 d.

Section (f) is new but is consistent with former Rule 645 i.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 3, 1988, eff. July 1, 1988; March 9, 2010, eff. July 1, 2010.

HISTORICAL NOTES

2010 Orders

The March 9, 2010, order, inserted new subsecs. (a) and (b); deleted former subsec. (a); redesignated former subsecs. (b) through (e) to be subsecs. (c) through (f); in new subsec. (f), corrected an internal reference; and updated the source. Subsection (a) previously read:

“(a) Entry of Judgment. Judgment by confession shall be entered by the clerk upon the filing of a complaint, the original or a photocopy of the written instrument authorizing the confession of judgment for a liquidated amount, and an affidavit specifying the amount due and stating the address of the defendant or that the whereabouts of the defendant are unknown to the plaintiff.