When Is a Confession of Judgment Enforceable in New York?

From time to time, someone reaches out with what sounds, at first, like a straightforward collection matter. They are searching for answers about a New York confession of judgment, whether it can still be enforced, and what deadlines apply. There is a settlement agreement. The other side never paid. Somewhere in the paperwork there is even an affidavit of confession of judgment, signed and notarized. On paper, it looks decisive. Then you check the dates.

In a recent consultation, the documents were about seven years old. No payments were ever made. The creditor assumed that a confession of judgment could be dusted off and enforced at any time. Unfortunately, New York law is far less forgiving. Both the settlement agreement and the confession of judgment were already beyond the point of enforceability.

This post explains, in plain terms, when a confession of judgment can be enforced in New York, and when it is already dead on arrival.

A confession of judgment, often called a "COJ," is not a judgment by itself. In New York, a confession of judgment is governed by CPLR § 3218 and operates very differently from a lawsuit or a court-issued judgment. It is a signed, sworn statement by a debtor admitting that they owe a specific sum of money and authorizing the clerk to enter judgment against them without a lawsuit. It is meant to save time and litigation costs. Used correctly, it can be powerful. Used carelessly, it becomes meaningless.

Under New York law, timing is everything, and this is where many searches for "confession of judgment deadline New York" lead to unpleasant surprises. A confession of judgment must be filed with the county clerk within three years after it is signed. If it is not filed within that three-year window, it cannot be entered at all. Once that deadline passes, the clerk has no authority to enter judgment, no matter how clear the debt may be.

That point surprises many people. They assume the confession of judgment operates like a stored weapon that can be activated at any moment. It does not. It expires if it is not timely filed.

If the confession of judgment is filed within three years and judgment is entered, the rules change dramatically. At that point, the creditor has a New York money judgment, not just a confession of judgment. A properly entered New York judgment is enforceable for twenty years. At that point, tools like bank restraints, property liens, and turnover proceedings may be available, subject to other procedural requirements. The critical step, though, is timely entry. Without that step, there is no judgment to enforce.

Settlement agreements follow a different timeline, which matters to anyone searching for "collecting on a settlement agreement New York" or "breach of settlement agreement statute of limitations NY." A settlement agreement is a contract. In New York, the statute of limitations for breach of contract is six years. If the debtor never made a single payment and six years pass without suit, the claim is time-barred. The law treats that delay as a forfeiture of the right to sue, even if the debt is morally undeniable.

This creates a trap that I see regularly, especially for people who assume a confession of judgment in New York provides permanent protection regardless of time. Parties sign a settlement agreement and a confession of judgment at the same time. The creditor assumes the confession of judgment provides permanent protection. Years pass. No lawsuit is filed. The confession of judgment is never entered. By the time legal advice is sought, both clocks have run out. The contract claim is time-barred, and the confession of judgment is unfileable.

There are limited exceptions. Certain actions by the debtor can restart the statute of limitations on a contract, such as a clear written acknowledgment of the debt or a partial payment. Those situations are fact-specific and cannot be assumed. Silence, delay, and informal promises usually do nothing to save an expired claim.

The practical lesson is simple and bears repeating for anyone researching expired confessions of judgment in New York. A confession of judgment is not a substitute for follow-through. If payment does not occur promptly, the document must be reviewed, deadlines must be calendared, and action must be taken before time runs out. Waiting "a little longer" is often the most expensive decision a creditor makes.

If you are holding a settlement agreement or a confession of judgment and wondering whether it can still be enforced, the first thing to examine is the date it was signed and whether it was ever filed. In many cases, the answer is determined not by the strength of the paperwork, but by the calendar.

New York collection law rewards vigilance and punishes delay. That may feel harsh, but it is predictable. Knowing the rules early is the difference between leverage and disappointment.