Form Dc Cv 104 PDF Details

In the landscape of legal proceedings, the DC CV 104 form emerges as a critical document within the District Court of Maryland, streamlining the process for obtaining a judgment by confession. This form, serving as a conduit for plaintiffs or judgment creditors to assert claims against defendants or judgment debtors, necessitates precise completion to facilitate the legal process effectively. It encompasses various segments, starting with identifying the parties involved and including a choice of service method to ensure the defendant receives the notice. Essential to this form is the Affidavit for Judgment by Confession, where the affiant, thoroughly familiar with the case details, supports their claim with factual assertions. These include the amount owed under the confessed judgment and a declaration regarding the non-applicability of certain prohibitions related to consumer loans, consumer transactions, and retail installment sales acts, reflecting the form's adherence to Maryland's specific legal statutes. Additionally, an Affidavit of Compliance with the Servicemembers Civil Relief Act is integral, ensuring the protection of military service members. Following the court's review, guided by Maryland Rule 3-611(a), a judgment can be entered based on the affidavit's contents, marking a streamlined path towards resolving financial disputes. Moreover, the form concludes with a notice to the defendant about the judgment, providing a window for contesting it, thereby embedding a layer of fairness within this expedited legal process. The DC CV 104 form embodies a structured yet efficient mechanism for judgment by confession, encapsulated within Maryland's judicial framework.

QuestionAnswer
Form NameForm Dc Cv 104
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesdccv104 how to submit a complaint for judgement by confession 3 611 form

Form Preview Example

DISTRICT COURT OF MARYLAND FOR

 

City/County

Located at

Case No.

 

Court Address

 

(1)

Name

Name

 

vs.

Address

Address

Plaintiff/Judgment Creditor

Defendant/Judgment Debtor

(2)

Serve by Sheriff

Clerk to mail

Return to Plaintiff to serve

Name

Address

Defendant/Judgment Debtor

COMPLAINT FOR JUDGMENT BY CONFESSION (3-611)

Please enter a confessed judgment in the above captioned matter.

Signature of Attorney for Defendant

Date

Signature of Plaintiff/Agent/Attorney

Date

Printed Name

 

Printed Name

 

Signer's Address

 

Signer's Address

 

City, State, Zip Code

 

City, State, Zip Code

Atty ID #

Signer's Telephone Number

Signer's Facsimile Number, if any

Signer's Telephone Number

Signer's Facsimile Number, if any

Signer's E-mail Address, if any

 

Signer's E-mail Address, if any

 

AFFIDAVIT FOR JUDGMENT BY CONFESSION

The facts in support are as follows:

1.

I,

, am competent to testify.

2.

I am:

Name of Affiant

the plaintiff in this action.

or

If the Affiant is not the plaintiff, state the Affiant's relationship to the action.

3.The original or a copy of the written instrument authorizing the confession of judgment against the defendant is attached to the complaint.

4.The amount due and owing under the instrument is:

Principal

$

Interest

$

Attorneys' Fees

$

Total:$

5. The amount shown as the "Total" in Paragraph 4 is:

the face amount of the instrument. or

computed as follows:

State the dates and amounts of all payments made and show the computation of all interest and attorneys' fees claimed; attach additional sheets if necessary.

6.The address of the defendant is have been made:

as shown above or

unknown, and the following efforts to locate the defendant

State specific details of the efforts made, including by whom and when the efforts were made.

7.The instrument does not evidence or arise from a consumer loan as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, §12-311 (b).

8.The instrument does not evidence or arise from a consumer transaction as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, §13-301.

9.The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed judgment clause is prohibited by Code, Commercial Law Article, §12-607.

DC/CV 104 (Rev. 7/2011)

I solemnly affirm under the penalties of perjury that the contents of the foregoing Affidavit are true to the best of my knowledge, information, and belief.

Signature of Affiant

Date

Printed Name

Signer's Address

City, State, Zip Code

Signer's Telephone NumberSigner's Facsimile Number, if any

Signer's E-mail Address, if any

AFFIDAVIT OF COMPLIANCE WITH SERVICEMEMBERS CIVIL RELIEF ACT

I hereby affirm under the penalties of perjury and upon personal knowledge that

the Defendant(s) is/are not in the military service or

that I am unable to determine whether the Defendant(s) is/are in the military service.

The facts supporting this Affidavit are:

Date

Signature of Affiant

NOTICE TO CLERK TO ENTER JUDGMENT

After review of the complaint and the requirements of Maryland Rule 3-611(a), the Court ORDERS

Judgment be entered as specified in the above affidavit.

The complaint be dismissed.

DateJudge/Clerk

NOTICE TO DEFENDANT OF ENTRY OF CONFESSED JUDGMENT

You are notified that a Confessed Judgment was entered against you on

for the principal

 

 

Date

 

amount of $

plus interest of $

, attorney's fees of $

,

and costs of $

. You may file a Motion to open, modify or vacate the judgment within thirty (30)

days after service of this Notice, stating the legal and factual basis for your defense to the claim. If the Court finds that there

is a substantial and sufficient basis for an actual controversy as to the merits of the action, the Court shall order the

Judgment by Confession opened, modified, or vacated and permit the defendant to file a responsive pleading.

Date

Clerk

DC/CV 104 (Rev. 7/2011)

How to Edit Form Dc Cv 104 Online for Free

Working with PDF forms online is always simple with our PDF tool. You can fill in Form Dc Cv 104 here effortlessly. Our tool is constantly developing to give the very best user experience possible, and that's because of our resolve for continuous development and listening closely to testimonials. For anyone who is seeking to get going, here's what it takes:

Step 1: Hit the "Get Form" button at the top of this webpage to get into our PDF editor.

Step 2: When you open the tool, you'll notice the form made ready to be filled in. Besides filling in various blanks, you can also do several other things with the PDF, such as putting on any textual content, editing the original text, inserting illustrations or photos, affixing your signature to the PDF, and a lot more.

This form requires particular data to be entered, thus you must take your time to provide precisely what is requested:

1. You need to complete the Form Dc Cv 104 accurately, therefore be careful while working with the sections comprising these particular blank fields:

Filling out section 1 in Form Dc Cv 104

2. Given that the last array of fields is completed, you're ready to include the required details in Signers Address, City State Zip Code, Signers Address, City State Zip Code, Atty ID, Signers Telephone Number Signers, Signers Telephone Number Signers, Signers Email Address if any, Signers Email Address if any, The facts in support are as, AFFIDAVIT FOR JUDGMENT BY, I am the plaintiff in this action, Name of Affiant, If the Affiant is not the, and The original or a copy of the so you're able to move forward further.

Filling out part 2 in Form Dc Cv 104

3. This subsequent part is pretty simple, the face amount of the instrument, or computed as follows, State the dates and amounts of all, The address of the defendant is, unknown and the following efforts, State specific details of the, The instrument does not evidence, The instrument is not subject to, and DCCV Rev - all these fields will have to be filled out here.

Form Dc Cv 104 completion process outlined (stage 3)

4. It's time to fill out the next segment! Here you'll get all these I solemnly affirm under the, Signature of Affiant, Date, Printed Name, Signers Address, City State Zip Code, Signers Telephone Number Signers, Signers Email Address if any, AFFIDAVIT OF COMPLIANCE WITH, I hereby affirm under the, the Defendants isare not in the, that I am unable to determine, The facts supporting this, Date, and Signature of Affiant fields to fill out.

Tips to complete Form Dc Cv 104 part 4

5. This last step to conclude this document is essential. Make certain you fill in the appropriate blank fields, for example After review of the complaint and, Judgment be entered as specified, The complaint be dismissed, Date, JudgeClerk, NOTICE TO DEFENDANT OF ENTRY OF, You are notified that a Confessed, Date, amount of plus interest of, and costs of You may file a, days after service of this Notice, is a substantial and sufficient, Judgment by Confession opened, Date, and Clerk, prior to using the pdf. Or else, it could give you an incomplete and probably incorrect form!

Part no. 5 of submitting Form Dc Cv 104

It is possible to make an error when filling in your NOTICE TO DEFENDANT OF ENTRY OF, hence make sure to take a second look prior to deciding to finalize the form.

Step 3: Prior to moving on, double-check that all blanks have been filled in the correct way. Once you believe it is all fine, press “Done." Right after getting a7-day free trial account with us, you'll be able to download Form Dc Cv 104 or send it through email promptly. The PDF form will also be accessible from your personal account page with your each and every edit. Here at FormsPal.com, we do our utmost to make certain that all your information is stored secure.