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Senate Bill S2305

2025-2026 Legislative Session

Relates to certain judgments by confession

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Current Bill Status - In Assembly Committee

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2025-S2305 (ACTIVE) - Details

See Assembly Version of this Bill:
A7545
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR
Versions Introduced in 2023-2024 Legislative Session:
S2604

2025-S2305 (ACTIVE) - Summary

Prohibits the entry of a judgment by confession on amounts due from one or more individuals for personal, family, household, consumer or non-business purposes and on a debt incurred if the principal amount of such debt was less than $5,000,000.

2025-S2305 (ACTIVE) - Sponsor Memo

2025-S2305 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2305
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   judgments by confession
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision (a) of section 3218 of the civil practice law
 and rules, as amended by chapter 311 of the laws of 1963, paragraph 1 as
 amended by chapter 831 of the laws  of  2021,  is  amended  to  read  as
 follows:
   (a)  Affidavit  of defendant. Except as provided in section thirty-two
 hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
 ment by confession may be entered, without an action, either  for  money
 due  or  to  become due, or to secure the plaintiff against a contingent
 liability [in] ON behalf of the defendant, or both,  upon  an  affidavit
 executed by the defendant[;]:
   1.  stating the sum for which judgment may be entered, authorizing the
 entry of judgment, AND stating the county where  the  defendant  resides
 [and,  if  applicable,  stating that the interest rate for consumer debt
 pursuant to section five thousand four of this chapter applies];
   2. if the judgment to be confessed is for money due or to become  due,
 stating concisely the facts out of which the debt arose and showing that
 the sum confessed is justly due or to become due; and
   3.  if the judgment to be confessed is for the purpose of securing the
 plaintiff against a contingent liability, stating  concisely  the  facts
 constituting  the  liability and showing that the sum confessed does not
 exceed the amount of the liability.
   § 2. Section 3218 of the civil practice law and rules  is  amended  by
 adding a new subdivision (e)  to read as follows:
   (E)  PROHIBITION  ON  CERTAIN JUDGMENTS BY CONFESSION.  NO JUDGMENT BY
 CONFESSION MAY BE ENTERED ON:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05691-01-5

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