Affidavit For Judgment by Confession
If two parties want to avoid lengthy legal processing of a dispute, they have to execute this affidavit to make the process faster.
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DISTRICT COURT OF MARYLAND FOR Located at Case No. COMPLAINT FOR JUDGMENT BY CONFESSION Please enter a confessed judgment in the above captioned matter. City/County Court Address Plaintiff/Judgment Creditor Address City, State, Zip DC-CV-104 (Rev. 12/18/2014) vs. Serve by Sheriff Clerk to mail Return to Plaintiff to serve 1. I, , am competent to testify. 2. I am: the plaintiff in this action. or 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: 6. The address of the Defendant is as shown above 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.(Name of Affiant) (If the Affiant is not the plaintiff, state the Affiant's relationship to the action.) Defendant/Judgment Debtor Address City, State, Zip Defendant/Judgment Debtor Address City, State, Zip (1) (2) Printed Name Plaintiff/Agent/Attorney Address City, State, Zip Printed Name Date AFFIDAVIT FOR JUDGMENT BY CONFESSION Telephone Number E-mail Address City, State, Zip E-mail Page 1 of 2 (Md. Rule 3-611) 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. Attorney for Defendant Date Fax Telephone Number Fax $ $ $ $ 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.) Plaintiff/Judgment Creditor/Attorney Date Defendant/Judgment Debtor/Attorney Date 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. Defendant(s) is/are in the military service. No Defendant is in the military service. The facts supporting this statement are: . I am unable to determine whether or not any Defendant is in military service. I hereby declare or affirm under the penalties of perjury that the facts and matters set forth in the aforegoing Affidavit are true and correct to the best of my knowledge, information, and belief. Name Date Affiant Page 2 of 2 NOTICE TO DEFENDANT OF ENTRY OF CONFESSED JUDGMENT You are notified that a Confessed Judgment was entered against you on for the principal amount of $ plus interest of $ , attorney's fees of $ , and costs of $ . You may file a motion to open, modify, or vacate the judgment within thirty (30) days after service of this Notice, stating the legal and factual basis for your defense to the claim. 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. Clerk Date Date NOTICE TO CLERK TO ENTER JUDGMENT After review of the complaint, filed by on , and the requirements of Maryland Rule 3-611(a), the Court directs the clerk to: enter a Judgment as specified in the above affidavit. The Court dismisses the complaint for failure to demonstrate a factual and legal basis for Plaintiff's entitlement to confess judgment. Judge Date ID Number MILITARY SERVICE AFFIDAVIT Printed Name Address City, State, Zip E-mail Affiant Date Telephone Number Fax DC-CV-104 (Rev. 12/18/2014)
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