New Mexico § 39-1-16 - Contracts providing for confession of judgment before cause of action accrues prohibited
Full text of New Mexico New Mexico Statutes Annotated § 39-1-16 — Contracts providing for confession of judgment before cause of action accrues prohibited, with citation guidance and answers to common questions.
§ 39-1-16. Contracts providing for confession of judgment before cause of action accrues prohibited
That it shall be unlawful to execute or procure to be executed as part of or in connection
with the execution of any negotiable instrument, or other written contract to pay
money, and before a cause of action thereon shall have accrued, any contract, agreement,
provision or stipulation giving to any person or persons a power of attorney or authority
as attorney for the maker or endorser thereof, in his name to appear in any court
of record, and waive the service of process in an action to enforce payment of money
claimed to be due thereon, or authorizing or purporting to authorize an attorney or
agent, howsoever designated, to confess judgment on such instrument for a sum of money
to be ascertained in a manner other than by action of the court upon a hearing after
notice to the debtor, whether with or without an attorney fee, or authorizing or purporting
to authorize any such attorney to release errors and the right of appealing from such
judgment, or to consent to the issue of execution on such judgment. Any and all provisions hereinabove declared to be unlawful, contained in any contract,
stipulation or power of attorney given or entered into before a cause of action on
such promise to pay, shall have accrued, shall be void.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 39-1-16
What does New Mexico Statutes Annotated § 39-1-16 cover?
Section 39-1-16 ("Contracts providing for confession of judgment before cause of action accrues prohibited") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 39-1-16?
A common citation format is "New Mexico Statutes Annotated § 39-1-16" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 39-1-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.