Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
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Confessed Judgments

 

  A confessed judgment is an enforcement tool that is used to provide added security for a promissory note or loan.  Under normal circumstances, if a borrower defaults on a loan, the lender has to go to court and sue the borrower.  After the suit is filed, a trial date is set and after the trial, a court will enter a judgment in favor of the lender, provided that the evidence supports its claims.  At trial, the burden is on the lender to prove the existence of the loan, the legal liability of the borrower, and the amount that is due.

  A confessed judgment note is an agreement between the lender and the borrower that, in the event that the borrower defaults on his obligation, allows the lender to go to court and get a judgment against the borrower without having a trial.  Unlike a normal case in which a judgment is entered only after a hearing before a judge, in a confessed judgment case, the rules allow for the judgment to be entered by the Clerk of the Court provided that plaintiff supplies the right documents when filing.  In order to get a confessed judgment, the plaintiff must file a complaint; an original or photocopy of the written instrument which authorizes the confession of judgment; and an affidavit stating the amount that is due and the address of the defendant.

  Upon filing of an action for confessed judgment, the court, if it is satisfied with the pleadings, will issue a notice informing the defendant of the entry of the judgment and of the latest time for filing a motion to open, modify, or vacate the judgment.  The plaintiff must serve the defendant with the notice and copies of the original pleadings in the same manner as one is ordinarily required to serve a lawsuit.

  A confessed judgment has all of the attributes of any other kind of judgment and functions as a lien against any real property belonging to the defendant in whichever counties it is recorded.  A confessed judgment, after it is entered may be opened, modified, or vacated by the defendant upon a showing that the defendant has a meritorious defense.  To do this, this defendant must file a motion and state in the motion the legal and factual basis for his defense.  If the defendant requests a hearing on his motion, he is entitled to one by law.  The defendant must file this motion within the time limits that are ordinarily provided for filing an answer.  This may be thirty to ninety days depending on where the defendant resides.

  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 will order the judgment by confession opened, modified, or vacated and permit the defendant to file a responsive pleading.  Normally a plaintiff may not takes enforcement action such as selling the defendants property and an employment may not remit wages under a wage garnishment prior to the time period for filing the motion to vacate has expired and any motion filed by the defendant has been ruled on by the court.

  A confessed judgment may be entered prior to the maturity date provided for in a loan, if the loan allows for early entry.  A note that allows for confession of judgment any time after maturity will not allow for entry until the note is due. 

  If you are seeking to enforce or defend an action involving a confessed judgment, consider contacting the Law Offices of Baldwin & Briscoe, P.C.  Our attorneys are experienced in collection matters and have litigated both sides of Confessed Judgment cases.  We’d be happy to review and discuss the specifics of your situation with you, without any obligation on your part.

 

The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are involved in a confessed judgment matter or any civil litigation or collections situation.  We’d be happy to sit down with you and review your situation and provide appropriate advice.  Call today for your no-obligation consultation. 

 

 

The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

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Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


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With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


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