State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_68_1

Rule 68.1. Confession ofjudgment.

(a)        For present orfuture liability. – A judgment by confession may be entered without action atany time in accordance with the procedure prescribed by this rule. Suchjudgment may be for money due or for money that may become due. Such judgmentmay also be  entered for alimony or for support of minor children.

(b)        Procedure. – Aprospective defendant desiring to confess judgment shall file with the clerk ofthe superior court as provided in section (c) a statement in writing signed andverified or sworn to by such defendant authorizing the entry of judgment forthe amount stated. The statement shall contain the name of the prospectiveplaintiff, his county of residence, the name of the defendant, his county ofresidence, and shall concisely show why the defendant is or may become liableto the plaintiff.

If either the plaintiff ordefendant is not a natural person, for the purposes of this rule its county ofresidence shall be considered to be the county in which it has its principalplace of business, whether in this State or not.

(c)        Where entered. –Judgment by confession may be entered only in the county where the defendantresides or has real property or in the county where the plaintiff resides butthe entry of judgment in any county shall be conclusive evidence that thissection has been complied with.

(d)        Form of entry. –When a statement in conformity with this rule is filed with the clerk of thesuperior court, the clerk shall enter judgment thereon for the amountconfessed, and docket the judgment as in other cases, with costs, together withdisbursements. The statement, with the judgment, shall become the judgmentroll.

(e)        Force and effect. –Judgments entered in conformity with this rule shall have the same effect asother judgments except that no judgment by confession shall be held to be resjudicata as to any fact in any civil action except in an action on the judgmentconfessed. When such judgment is for alimony or support of minor children, thefailure of the defendant to make any payments as required by such judgmentshall subject him to such penalties as may be adjudged by the court as in anyother case of contempt of its orders. Executions may be issued and enforced inthe same manner as upon other judgments. When the full amount of the judgmentis not all due, or is payable in installments, and the installments are not alldue, execution may issue upon such judgment for the collection of such sums ashave become due and shall be in usual form. Notwithstanding the issue andsatisfaction of such execution, the judgment remains as security for the sumsthereafter to become due; and whenever any further sum becomes due, executionmay in like manner be issued. (1967, c. 954, s. 1; 1987, c.288.)