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Confession of Judgment in New York | Judgment Enforcement Attorney Explains
By Peter M. Agulnick
June 13, 2025
In New York, a confession of judgment allows a creditor to enter judgment against a debtor without commencing a lawsuit, which can take years. It is like starting a marathon at the finish line. This legal tool—authorized under N.Y. CPLR 3218—is a written, sworn (notarized) affidavit in which a debtor acknowledges a specific debt and consents to the entry of judgment either immediately or upon certain future conditions (like defaulting on a loan or settlement agreement).
Benefits of Using Confession of Judgment for Creditors in NY
- Speed: Avoids an actual lawsuit and
allows the quick entry of judgment that can be enforced
immediately
- Cost-effectiveness: Reduces legal fees
- Enforceability: Once entered, a
judgment becomes immediately enforceable
- Negotiation leverage: Debtors are more likely to comply knowing a judgment is ready to be entered
When Creditors Should Use a Confession of Judgment
Confessions of judgment are frequently used in loans, vendor agreements, and settlement arrangements. They are especially useful when dealing with high-risk debtors or when creditors wish to secure compliance with a payment plan. They can be used for individuals and companies.
General Legal Requirements for Confession of Judgment in New York
- Must be in writing and signed by the debtor
- Must be sworn (notarized)
- Must state the debt amount and the facts from which it arose
- Must be filed in the proper county in New York
State—where the debtor resides
- May only be used for New York-based debtors (per the 2019 amendment to N.Y. CPLR 3218)
- Must be filed with the Clerk of the applicable court
within three years of it being executed.
- Other details and requirements must be followed.
Therefore, I recommend that only an experienced New
York attorney draft a confession of judgment to ensure
it is done correctly. Otherwise, the Clerk
of the court may not accept it for filing deeming it
defective.
Legal Restrictions on Confessions of Judgment in New York
Since 2019, New York law prohibits the use of confessions of judgment against non-New York State residents. This was enacted to prevent exploitation of people and companies that have no connection to New York State. Additionally, court clerks will scrutinize a confession of judgment to ensure it complies strictly with N.Y. CPLR 3119. Clerks may reject a confession of judgment if it lacks proper detail detail and other requirements.
Need Help Enforcing a Judgment in New York?
If you’re a creditor, lender, or business owner seeking to enforce a debt in New York, a confession of judgment is powerful option that could save you an immense amount of time and money. Our law firm routinely drafts, files, and enforces confessions of judgment in compliance with N.Y. CPLR 3218.
Peter M. Agulnick, P.C.
New York Judgment Enforcement Attorney
Tel. 212-571-2266
www.agulnicklaw.com