Judgment by confession, without action, may be entered by the clerk of the district courts in this state in term time or in vacation, in the manner hereinafter prescribed.
History: Laws 1889, ch. 20, § 1; C.L. 1897, § 3077; Code 1915, § 3071; C.S. 1929, § 76-102; 1941 Comp., § 19-909; 1953 Comp., § 21-9-9.
Cross references. — For partner not authorized to confess judgment for partnership, see 54-1-9 NMSA 1978.
For prohibition against confessed judgments in retail installment sales, see 56-1-5 NMSA 1978.
Cognovit statute held not to abrogate warrant of attorney. — The cognovit statute (39-1-9 to 39-1-15 NMSA 1978) does not cover the same field as that occupied by the common-law practice of taking judgments upon warrant of attorney, and does not impliedly or otherwise abrogate such practice. First Nat'l Bank v. Baker, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 228 et seq.
Necessity that warrant of attorney to confess judgment state amount, 7 A.L.R. 735.
Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.
Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 A.L.R. 403.
Validity and effect of cognovit or warrant of attorney to confess judgment in conditional sale contract, 89 A.L.R. 1106.
What law governs validity of warrant or power of attorney to confess judgment, 19 A.L.R.2d 544.
Payment by obligor on note or other instrument containing warrant of attorney to confess judgment as the contending time within which power to confess may be exercised, 35 A.L.R.2d 1452.
Validity and enforceability of judgment entered in sister state under a warrant of attorney to confess judgment, 39 A.L.R.2d 1232.
Necessity, in order to enter judgment by confession on instrument containing warrant of attorney, that original note or other instrument and original warrant be produced or filed, 68 A.L.R.2d 1156.
Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.
Requirements as to signing, sealing and attestation of warrants of attorney to confess judgments, 3 A.L.R.3d 1147.
Enforceability of warrant of attorney to confess judgment against assignee, guarantor or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.
49 C.J.S. Judgments §§ 160, 165.
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.]