No judgment shall be entered on warrant of attorney in any action on a bond or other instrument for the payment of money, except on motion after notice to the defendant served in lieu of summons in accordance with R. 4:4-4 or by registered or certified mail. On the return day of the motion, the attorney at law, confessing judgment pursuant to the warrant, shall produce to the court the warrant therefor, the bond or instrument, and the affidavit of the plaintiff or plaintiff’s attorney or agent, to which is attached a copy of the warrant and instrument, stating the true consideration for the liability stated in the instrument, the amount then justly due the plaintiff, and that the judgment is not confessed with a fraudulent intent or to protect the property of the defendant from creditors. The court may require additional proof in such form as it directs that the warrant was duly executed, the person liable is living and was notified of the application, and the debt or a part thereof is unsatisfied. The court shall then, if satisfied with the proofs, order entry of a judgment for such amount as it finds to be due.
Rule 4:45-2.Procedure to confess judgment
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:45-2 requires notice to the defendant and a motion before any judgment is confessed on a warrant of attorney, supported by the attorney's affidavit that the debt is genuine, currently due, and not being confessed to defraud creditors.
Full Text of Rule 4:45-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:57-2, 4:57-3; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Confessing a judgment on someone else's behalf is not a private arrangement between lawyer and warrant. It takes a motion, with notice served on the defendant the same way a summons would be, or by registered or certified mail.
On the return day, the confessing attorney produces the warrant, the underlying bond or instrument, and an affidavit stating the true consideration, the amount due, and that the judgment is not being confessed with fraudulent intent or to shield the defendant's property from creditors. If the court wants more, it can demand additional proof that the warrant was properly executed, the debtor is alive and was notified, and the debt remains unpaid before ordering judgment for whatever amount it finds due.
Frequently Asked Questions
What notice does a defendant get before a judgment is confessed against them?
Notice of the motion, served the same way as a summons or by registered or certified mail.
What must the confessing attorney's affidavit show?
The true consideration for the debt, the amount due, and that the judgment is not being confessed with fraudulent intent or to protect the defendant's property from creditors.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:45-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: confessing judgment procedurewarrant of attorney motion