No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in Section 39-1-11 NMSA 1978, an affidavit setting forth that the same is made in good faith to secure such beneficiary in debt or contingent liability justly due in the sum thus confessed or necessarily entered into, and not with the intention of defrauding any of such defendant's creditors.
History: Laws 1889, ch. 20, § 8; C.L. 1897, § 3084; Code 1915, § 3078; C.S. 1929, § 76-109; 1941 Comp., § 19-915; 1953 Comp., § 21-9-15.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 262.
49 C.J.S. Judgments § 146.
Structure 2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
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 39-1-6.1 - 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 39-1-17 - [Execution of foreign judgment based upon confession of judgment prohibited.]