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RULE 3-611. CONFESSED JUDGMENT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 600. Judgment
MD Rules, Rule 3-611
RULE 3-611. CONFESSED JUDGMENT
(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:
Empty Checkbox​ the plaintiff in this action.
or
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.
(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 instrument is:
Principal
$
 
Interest
$
 
Attorneys' Fees
$
 
Total
$
 
.
5.
The amount shown as the “Total” in Paragraph 4 is:
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the face amount of the instrument.
or
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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:
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.
or
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(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 3-121. 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 30 days after service of the notice. 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.
Source: This Rule is derived as follows:
Section (a) is in part derived from former M.D.R. 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 M.D.R. 645 c.
Section (e) is derived from former M.D.R. 645 d.
Section (f) is new but is consistent with former M.D.R. 645 i.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended June 3, 1988, eff. July 1, 1988; March 9, 2010, eff. July 1, 2010.]
MD Rules, Rule 3-611, MD R RCP DIST CT Rule 3-611
Current with amendments received through August 1, 2020.
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