2021 New Mexico Statutes
Article 1 - Judgments
Section 39-1-11 - [Form of confession of judgment.]

A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk:
A. if for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due, as the case may be;
B. if for the purpose of securing the plaintiff against a contingent liability, it must state fully but concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same.
History: Laws 1889, ch. 20, § 3; C.L. 1897, § 3079; Code 1915, § 3073; C.S. 1929, § 76-104; 1941 Comp., § 19-911; 1953 Comp., § 21-9-11.
Evidence to overcome recitals of judgment. — Where judgment had been entered on cognovit note signed by defendant, but ex parte affidavit of county clerk setting forth docket entries in the case did not show filing of note, such facts were insufficient to overcome the recitals of the judgment on motion to set aside the judgment. Hot Springs Nat'l Bank v. Kenney, 1935-NMSC-066, 39 N.M. 428, 48 P.2d 1029.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 237 et seq.
49 C.J.S. Judgments §§ 159, 163, 171.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 39 - Judgments, Costs, Appeals

Article 1 - Judgments

Section 39-1-1 - [Judgments and decrees; interlocutory orders; period of control over final judgment.]

Section 39-1-2 - [Judgment rendered subsequent to hearing; notice to attorneys.]

Section 39-1-3 - [Death of party after verdict.]

Section 39-1-4 - [Entry of judgment; execution; motion for new trial.]

Section 39-1-5 - [Judgments enforced; duty of judge.]

Section 39-1-6 - Money judgment; docketing; transcript of judgment; lien on real estate; supersedeas.

Section 39-1-6.1 - Judgment liens; release; penalties.

Section 39-1-6.2 - Judgment debts; discharge.

Section 39-1-7 - Transcript; judgment records.

Section 39-1-8 - Transcript of judgment; contents; fee for issuance.

Section 39-1-9 - [Confession of judgments; entry.]

Section 39-1-10 - [Subject of judgment by confession.]

Section 39-1-11 - [Form of confession of judgment.]

Section 39-1-12 - Record and transcript of judgment by confession; execution.

Section 39-1-13 - [Conditions to stay execution of judgment by confession.]

Section 39-1-14 - [Effect of confessed judgment; transcripts filed in other counties; liens.]

Section 39-1-15 - [Affidavit of good faith.]

Section 39-1-16 - [Contracts providing for confession of judgment before cause of action accrues prohibited.]

Section 39-1-17 - [Execution of foreign judgment based upon confession of judgment prohibited.]

Section 39-1-18 - ["Cognovit note" defined; execution and procurement prohibited; penalty for violation.]

Section 39-1-19 - Repealed.

Section 39-1-20 - Execution after judgment.