(a) For present or future liability. – A judgment by confession may be entered without action at any time in accordance with the procedure prescribed by this rule. Such judgment may be for money due or for money that may become due. Such judgment may also be entered for alimony or for support of minor children.
Rule 68.1.Confession of judgment.
Last amended 1987 · Last verified July 3, 2026
In one sentenceRule 68.1 lets a prospective defendant confess judgment out of court by filing a verified written statement with the clerk, without the plaintiff ever filing suit.
Full Text of Rule 68.1
(b) Procedure. – A prospective defendant desiring to confess judgment shall file with the clerk of the superior court as provided in section (c) a statement in writing signed and verified or sworn to by such defendant authorizing the entry of judgment for the amount stated. The statement shall contain the name of the prospective plaintiff, his county of residence, the name of the defendant, his county of residence, and shall concisely show why the defendant is or may become liable to the plaintiff. If either the plaintiff or defendant is not a natural person, for the purposes of this rule its county of residence shall be considered to be the county in which it has its principal place of business, whether in this State or not.
(c) Where entered. – Judgment by confession may be entered only in the county where the defendant resides or has real property or in the county where the plaintiff resides but the entry of judgment in any county shall be conclusive evidence that this section has been complied with.
(d) Form of entry. – When a statement in conformity with this rule is filed with the clerk of the superior court, the clerk shall enter judgment thereon for the amount confessed, and docket the judgment as in other cases, with costs, together with disbursements. The statement, with the judgment, shall become the judgment roll.
(e) Force and effect. – Judgments entered in conformity with this rule shall have the same effect as other judgments except that no judgment by confession shall be held to be res judicata as to any fact in any civil action except in an action on the judgment confessed. When such judgment is for alimony or support of minor children, the failure of the defendant to make any payments as required by such judgment shall subject him to such penalties as may be adjudged by the court as in any other case of contempt of its orders. Executions may be issued and enforced in the same manner as upon other judgments. When the full amount of the judgment is not all due, or is payable in installments, and the installments are not all due, execution may issue upon such judgment for the collection of such sums as have become due and shall be in usual form. Notwithstanding the issue and satisfaction of such execution, the judgment remains as security for the sums thereafter to become due; and whenever any further sum becomes due, execution may in like manner be issued.
Amendment History
(1967, c. 954, s. 1; 1987, c. 288.)
Plain-English Summary
Rule 68.1(a) lets a judgment by confession be entered without a lawsuit, for money already due or money that may become due, and also for alimony or child support. Rule 68.1(b) requires the prospective defendant to file a written statement with the clerk of superior court, signed and verified or sworn to, authorizing entry of judgment for the stated amount; the statement must name the prospective plaintiff and defendant and each one's county of residence (a business entity's county of residence being wherever its principal place of business sits, in or out of state), and must concisely explain why the defendant is or may become liable.
Rule 68.1(c) limits where the statement may be filed -- the county where the defendant resides or owns real property, or the county where the plaintiff resides -- and treats entry of judgment in any county as conclusive evidence that this requirement was met. Rule 68.1(d) has the clerk enter judgment for the confessed amount once a conforming statement is filed, docket it like any other judgment along with costs and disbursements, and treat the statement and judgment together as the judgment roll.
Rule 68.1(e) gives a confessed judgment the same effect as any other judgment, with one exception: it isn't res judicata as to any fact except in a later action on that same confessed judgment. A defendant who falls behind on a confessed alimony or child-support judgment faces the same contempt penalties as in any other case. Execution proceeds the same as on any other judgment, including for a partial or installment amount already due; the judgment remains as security for whatever comes due later, and execution may issue again each time a further sum matures.
Frequently Asked Questions
Does a plaintiff have to file a lawsuit to get a confessed judgment?
No. Rule 68.1 lets the prospective defendant confess judgment by filing a verified written statement with the clerk, without either side ever filing suit.
Where can a confession of judgment be filed?
Only in the county where the defendant resides or owns real property, or the county where the plaintiff resides -- though entry of judgment in any county is treated as conclusive proof that requirement was met.
Can a confessed judgment be used as proof of the underlying facts in a different lawsuit?
No. Rule 68.1(e) says a confessed judgment isn't res judicata as to any fact, except in a later action on that same judgment.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 68.1). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: confession of judgmentjudgment by confession procedureverified statement confessing judgmentwhere to file confession of judgmentconfessed judgment for alimony or child supportjudgment roll