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Complaint And Affidavit For Judgment By Confession DC-CV 104 - Maryland

Complaint And Affidavit For Judgment By Confession Form. This is a Maryland form and can be used in Civil District Court Statewide .
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DISTRICT COURT OF MARYLAND FOR City/County Located at Plaintiff/Judgment Creditor Court Address Case No. (1) Defendant/Judgment Debtor vs. Address City, State, Zip Address City, State, Zip Serve by Sheriff Clerk to mail Return to Plaintiff to serve (2) Defendant/Judgment Debtor Address City, State, Zip COMPLAINT FOR JUDGMENT BY CONFESSION (Md. Rule 3-611) Please enter a confessed judgment in the above captioned matter. Plaintiff/Agent/Attorney Printed Name Address City, State, Zip Telephone Number E-mail Fax Date Attorney for Defendant Printed Name Address City, State, Zip Telephone Number E-mail Fax Date AFFIDAVIT FOR JUDGMENT BY CONFESSION 1. I, 2. I am: the plaintiff in this action. or (If the Affiant is not the plaintiff, state the Affiant's relationship to the action.) (Name of Affiant) , am competent to testify. 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 have been made: as shown above or unknown, and the following efforts to locate the Defendant 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. Plaintiff/Judgment Creditor/Attorney Date Defendant/Judgment Debtor/Attorney Date American LegalNet, Inc. www.FormsWorkFlow.com DC-CV-104 (Rev. 12/18/2014) Page 1 of 2 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. Affiant Printed Name Address City, State, Zip Telephone Number E-mail Fax Date MILITARY SERVICE AFFIDAVIT Defendant(s) Name is/are in the military service. No Defendant is in the military service. The facts supporting this statement are: . I am unable to determine whether or not any Defendant is in military service. I hereby declare or affirm under the penalties of perjury that the facts and matters set forth in the aforegoing Affidavit are true and correct to the best of my knowledge, information, and belief. Date Affiant NOTICE TO CLERK TO ENTER JUDGMENT on After review of the complaint, filed by , and the requirements of Maryland Rule 3-611(a), the Court directs the clerk to: enter a Judgment as specified in the above affidavit. The Court dismisses the complaint for failure to demonstrate a factual and legal basis for Plaintiff's entitlement to confess judgment. Date Judge ID Number NOTICE TO DEFENDANT OF ENTRY OF CONFESSED JUDGMENT You are notified that a Confessed Judgment was entered against you on for the principal Date amount of $ plus interest of $ , attorney's fees of $ , and costs of $ . You may file a motion to open, modify, or vacate the judgment within thirty (30) days after service of this Notice, stating the legal and factual basis for your defense to the claim. 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. Date Clerk DC-CV-104 (Rev. 12/18/2014) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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