Iii. [§ 2.19] Confession of Judgment

JurisdictionMaryland

III. [§ 2.19] CONFESSION OF JUDGMENT

To buy an automobile, George Harris borrowed $50,000 from his neighbor, John Smith. George Harris signed a confessed judgment note on the day he borrowed the money from John Smith promising to pay back the $50,000 with interest in one year.

A year and a half later, Harris still had not repaid the loan. John Smith, therefore, brought action against George Harris to recover the money.

COMPLAINT


Confession of Judgment


John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Alexis P. Lee and Lee & Lee, P.A., pursuant to Maryland Rule 2-611, makes affidavit and requests entry of a judgment by confession against George Harris (hereinafter "Harris"), Defendant, and states:
1. Plaintiff Smith is a resident of Baltimore City, Maryland.
2. Defendant Harris resides at 123 Green Street in Baltimore City, Maryland.
3. Defendant Harris, on or about June 10, 2022, made, executed, and delivered to Plaintiff Smith his certain promissory note of that date for the sum of fifty thousand dollars ($50,000), and interest thereon at 10% per annum from that date until paid, due and payable one year after date, such note having been made, executed, and delivered as aforesaid to evidence the debt created as a result of money lent to Defendant by Plaintiff.
4. Pursuant to the instrument attached as Exhibit A, and as set forth in the Affidavit attached hereto, as of June 10, 2022, the unpaid liquidated sum of fifty thousand five hundred dollars ($50,500) is due and owing Plaintiff Smith by Defendant Harris.
5. Pursuant to the instrument attached as Exhibit A, Defendant Harris has authorized the confession of judgment against him in the above entitled action for the sum of fifty thousand five hundred dollars ($50,500).
WHEREFORE, Plaintiff Smith demands judgment against Defendant Harris in the amount of Fifty Thousand Five Hundred Dollars ($50,500), plus pre-judgment and post-judgment interest, costs and attorney's fees.

__________
Alexis P. Lee
AIS No. 0123456789
Lee & Lee, P.A.
750 E. Pratt
Baltimore, Maryland 21202
Phone: (410) 555-1234
Fax: (410) 555-1235
Email: APLee@LG.com

Attorneys for Plaintiff

COMMENT

Confessed judgments in Maryland are governed by Md. Rule 2-611. "Unlike a typical civil action, a confessed judgment is entered prior to service on the defendant and without a trial. It is entirely ex parte." Goshen Run Homeowners Ass'n, Inc. v. Cisneros, 467 Md. 74, 104, 223 A.3d 917, 934 (2020) (citations omitted).

Rule 2-611 provides that judgment by confession may be entered by the clerk upon the filing by the plaintiff of:

1) a complaint;

2) the original or a photocopy of the written instrument authorizing the confession of judgment for a liquidated amount; and

3) an affidavit specifying the amount due and stating the address of the
...

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