GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 288

HOUSE BILL 1076

 

AN ACT TO PROVIDE THAT CONFESSIONS OF JUDGMENT MAY BE SWORN TO AS WELL AS VERIFIED.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 1A-1, Rule 68.1(b) reads as rewritten:

"(b)      Procedure.  A prospective defendant desiring to confess judgment shall file with the clerk of the superior court as provided in section (c) a statement in writing signed and verified or sworn to by such defendant authorizing the entry of judgment for the amount stated. The statement shall contain the name of the prospective plaintiff, his county of residence, the name of the defendant, his county of residence, and shall concisely show why the defendant is or may become liable to the plaintiff.

If either the plaintiff or defendant is not a natural person, for the purposes of this rule its county of residence shall be considered to be the county in which it has its principal place of business, whether in this State or not."

Sec. 2.  This act is effective upon ratification and validates all confessions of judgment heretofore entered under G.S. 1A-1, Rule 68.1, which were sworn to but not verified, but this act shall not affect any pending litigation.

In the General Assembly read three times and ratified this the 4th day of June, 1987.