Local Rule Rule 108: Judgments

RULE 108. JUDGMENTS

1. Judgment by Confession

a) Complaint, Related Documents, and Attachments

A complaint requesting the entry of judgment by confession shall be filed by the plaintiff accompanied by the written instrument authorizing the confession of judgment and entitling the plaintiff to a claim for liquidated damages and supported by an affidavit made by the plaintiff or someone on that party's behalf stating the specific circumstances of the defendant's execution of said instrument and including, where known, the age and education of the defendant, and further including the amount due thereunder, and the post office address (including street address if needed to effect mail delivery) of the defendant.

b) Review by Court Regarding Entry of Judgment

Upon review of the aforesaid documents, the Court may direct the entry of judgment upon a finding that the aforesaid documents prima facie establish (1) a voluntary, knowing, and intelligent waiver by the defendant of the right to notice and a prejudgment hearing on the merits of the claim of the plaintiff for liquidated damages and (2) a meritorious claim of the plaintiff for liquidated damages against the defendant.*

*Pursuant to Maryland law, "unfair, abusive, or deceptive trade practices" include "use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer's right to assert a legal defense to an action." MD Code, Commercial Law, § 13-301(12).

c) Notice to Defendants

Immediately upon the entry of a judgment pursuant to paragraph (b) above, the Clerk shall issue a notice for the defendant notifying said party of the entry of the judgment and requiring defendant to appear in the cause wherein it is entered within thirty (30) days or such other time as may be required by statute or rule after the service of the notice and show, if such be the case, that said party did not voluntarily, knowingly, and intelligently waive the right to notice and a prejudgment hearing on the merits of the claim, or otherwise show cause why the judgment should be vacated, opened, or modified.

d) Application to Vacate Judgment

Application to vacate, open, or modify the judgment must be made by motion within thirty (30) days after service of the notice, or such other time as may be required by statute or rule. The motion shall be made on the ground that the defendant has a meritorious defense to the cause of action. It shall set forth fully the facts relied on for such defense. A copy of the motion shall be served on the plaintiff or his attorney. If no application is made within the time allowed, the judgment shall be final.

e) Determination of Motion

The motion shall be considered and determined as promptly as possible by the Court. If the evidence presented establishes that there are substantial and sufficient grounds for an actual controversy as to the merits of the case, the Court shall order the judgment by confession vacated, opened, or modified, with leave to the defendant to file a pleading, and the case shall stand for trial. If the evidence does not establish that there are substantial and sufficient grounds for actual controversy as to the merits of the case, the judgment shall stand to the same extent as a final judgment.

f) Failure to Effect Service

If the notice issued under section (c) is not served despite reasonable efforts to effect service, the Court, upon petition of the plaintiff setting forth an account of the efforts made to effect service, shall provide for notice to the defendant in the manner provided by statute or rule.

g) Address of Defendant Unknown

Where the affidavit indicates that the address of the defendant is unknown, a judgment shall not be entered except upon order of Court, and the Court shall provide notice to the defendant pursuant to statute or rule.

h) Entry of Judgment by Confession

Except as authorized by this Rule, judgment by confession shall be entered only upon order of Court, after such notice and upon such terms as the Court may direct.

i) Sale on Execution upon Judgment by Confession

Unless otherwise ordered by the Court, a sale on execution upon a judgment by confession shall not be made until after judgment has become final under sections (c), (d), and (e) of this Rule.

2. Default

a) Entry of Default

To obtain an entry of default pursuant to Fed. R. Civ. P. 55(a), the plaintiff must file a written request with the Court. This request shall contain the last known address of the defendant. Promptly upon the entry of default, the Clerk shall mail the entry of default to the defendant at the address stated in the request and to the defendant's attorney of record, if any, together with a notice informing the defendant that default has been entered and that the defendant may move to vacate the entry of default within 30 days.

b) Default Judgment

To obtain a default judgment pursuant to Fed. R. Civ. P. 55(b), the plaintiff must file a written request with the Court supported by an affidavit stating whether the defendant is a minor, an incompetent person, or in military service, with supporting facts pursuant to 50 U.S.C. § 3931(b)(1). If it appears that the defendant is a minor or an incompetent person, the Court shall not enter a default judgment unless a general guardian, conservator, or other fiduciary has appeared on behalf of the defendant. If it appears that the defendant is in military service, the Court shall not enter a default judgment until after it appoints an attorney to represent the defendant pursuant to 50 U.S.C. § 3931(b)(2).