District Court · Last amended July 1, 2010 · Last verified July 13, 2026
In one sentenceRule 3-611 sets out what a plaintiff must file to get a confessed judgment on a debt instrument, and gives the defendant thirty days after notice to move to open, modify, or vacate it.
(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 3-121. 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 30 days after service of the notice. 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.
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 M.D.R. 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 M.D.R. 645 c.
Section (e) is derived from former M.D.R. 645 d.
Section (f) is new but is consistent with former M.D.R. 645 i.
Plain-English Summary
A confessed judgment lets a creditor obtain judgment on a debt without a trial, based on a written instrument in which the debtor agreed in advance to let judgment be entered against them. Rule 3-611 controls how that works in District Court. The complaint must include the original or a copy of the instrument authorizing the confession of judgment for a liquidated amount, along with a sworn affidavit in the form the rule prescribes. That affidavit has to identify the affiant and their relationship to the case, confirm the instrument is attached, break down the amount claimed into principal, interest, and attorneys' fees, explain how that total was calculated if it is not the face amount of the instrument, and state the defendant's address or describe the specific efforts made to locate the defendant. It must also certify that the instrument does not come from a consumer loan, a consumer transaction, or a retail installment sale in which Maryland law bars a confessed-judgment clause — protections meant to keep the shortcut from being used against ordinary consumers.
If the complaint and supporting papers show both a valid basis under section (a) and a factual and legal entitlement to judgment, the court directs the clerk to enter it; otherwise the court dismisses the complaint. Once judgment is entered, the clerk sends the defendant a notice — instead of a summons — explaining that judgment has been entered and stating the deadline to challenge it. If the defendant's address is known, the notice and the original pleadings are served under Rule 3-121; if reasonable efforts to locate the defendant failed, the court arranges notice under Rule 2-122 instead. The defendant then has 30 days after service of the notice to move to open, modify, or vacate the judgment, and that motion must spell out the legal and factual basis for a defense. If the court finds a substantial and sufficient basis for an actual controversy on the merits, it opens, modifies, or vacates the judgment and lets the defendant respond to the complaint. Unless the court says otherwise, enforcement is on hold in the meantime — no execution sale and no garnishee payout to the judgment creditor — until the 30-day window closes and any motion filed within it is resolved.
Frequently Asked Questions
What is a confessed judgment?
It is a judgment entered against a debtor based on a written instrument in which the debtor agreed in advance to let judgment be entered without a trial, for a liquidated amount. The creditor files a complaint supported by the instrument and a sworn affidavit rather than proving the debt at a hearing first.
What must the affidavit supporting a confessed-judgment complaint say?
It must state the affiant's competency to testify and relationship to the case, confirm the instrument is attached, itemize the principal, interest, and attorneys' fees claimed and show how that total was calculated, give the defendant's address or describe efforts made to find the defendant, and certify the debt does not arise from a consumer loan, consumer transaction, or retail installment sale where a confessed-judgment clause is barred by law.
Are there debts where a confessed judgment cannot be used?
Yes. The affidavit must certify the instrument does not evidence or arise from a consumer loan, a consumer transaction, or a sale under the Maryland Retail Installment Sales Act, since Maryland law prohibits confessed-judgment clauses in each of those situations.
How does a defendant find out a confessed judgment was entered?
Instead of a summons, the clerk issues a notice informing the defendant that judgment was entered and stating the deadline for moving to open, modify, or vacate it. The notice and copies of the pleadings are served on the defendant's known address, or through the court's alternate-notice procedure if the defendant could not be located despite reasonable efforts.
How long does a defendant have to challenge a confessed judgment?
Thirty days after service of the notice. The motion has to state the legal and factual basis for the defendant's defense to the claim, not just a request to reopen the case.
Can the creditor collect on a confessed judgment right away?
Not usually. Unless the court orders otherwise, property cannot be sold in execution and a garnishee cannot pay the judgment creditor until the 30-day period for filing a motion to open, modify, or vacate has passed and any motion that was filed has been decided.
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
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