Rule 2-611.Confessed judgment

Circuit Court · Last amended July 1, 2010 · Last verified July 13, 2026

In one sentenceRule 2-611 governs confessed judgments in Maryland — the sworn affidavit and paperwork a plaintiff must file to collect on a note or contract that lets a debtor confess judgment in advance, and the defendant's chance to reopen it.

Full Text of Rule 2-611

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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:

□ the plaintiff in this action.

or □ ______________________ .

(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: □ 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.)

6. The address of the defendant is:

□ ______________________ 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.)

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 2-121. 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 the time prescribed for answering by sections (a) and (b) of Rule 2-321. 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.

End

Amendment History

Amended June 3, 1988, effective July 1, 1988; amended March 9, 2010, effective July 1, 2010.

Committee Note & Source

Source. This Rule is derived as follows:

Section (a) is in part derived from former Rule 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 Rule 645 c.

Section (e) is derived from former Rule 645 d.

Section (f) is new but is consistent with former Rule 645 i.

Plain-English Summary

To get a judgment by confession, a plaintiff can't just file a complaint — it has to attach the written instrument authorizing the confession and a detailed sworn affidavit. That affidavit has to identify who's swearing to it and their relationship to the case, confirm the instrument is attached, break down exactly how much is claimed in principal, interest, and attorneys' fees and how those figures were computed, give the defendant's address or describe documented efforts to find it, and certify that the instrument doesn't fall under Maryland's bans on confessed-judgment clauses in consumer loans, other consumer transactions, or retail installment sales. The court reviews the complaint for compliance and checks that the record supports entitlement to judgment before directing the clerk to enter it; if either requirement is missing, the court dismisses the complaint instead.

Because a confessed judgment enters without the defendant having appeared in the case, the rule builds in notice and a chance to contest it after the fact. Instead of a summons, the clerk sends notice of the judgment and the deadline to challenge it — served the normal way under Rule 2-121 if the defendant's address is known, or through the alternate-service process under Rule 2-122 if the plaintiff has shown the defendant can't be located. The defendant then has the same window normally allowed to answer a complaint, under Rule 2-321, to move to open, modify, or vacate the judgment, and that motion has to lay out an actual factual and legal defense rather than a bare denial. If the court finds a real, substantial controversy on the merits, it reopens the judgment and lets the defendant file a response. Until that window closes and any motion filed is resolved, the plaintiff can't sell the defendant's property in execution or collect through wage garnishment.

Frequently Asked Questions

What must a plaintiff file to get a confessed judgment in Maryland?

The written instrument authorizing the confession of judgment, plus a sworn affidavit covering the affiant's competency and relationship to the case, the amount due, the defendant's address or efforts to locate the defendant, and certifications that the instrument isn't a prohibited consumer-loan, consumer-transaction, or retail-installment-sale confession clause.

Can a confessed judgment clause be enforced against a consumer loan?

No. The required affidavit must confirm the instrument doesn't arise from a consumer loan, consumer transaction, or retail installment sale covered by Maryland's statutory bans on confessed-judgment clauses in those contexts.

How does a defendant find out a confessed judgment was entered?

The clerk sends notice, in place of a summons, informing the defendant of the judgment and the deadline for moving to open, modify, or vacate it.

How long does a defendant have to challenge a confessed judgment?

The same amount of time normally allowed to answer a complaint under Rule 2-321, sections (a) and (b).

Can the plaintiff collect on a confessed judgment right away?

No. Property can't be sold in execution and wages or other debts can't be garnished until the defendant's motion window has closed and any motion filed within it has been decided, unless the court orders otherwise.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source

Also known as: confessed judgment marylandjudgment by confession affidavit marylandcognovit note maryland civil proceduremotion to open modify vacate confessed judgmentconfession of judgment consumer loan prohibition