D. Md. L.R. 108.1

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.