Indiana Code
Ind. Code § 34-54-2-3 (2026)
Confession of judgment by power of attorney; procedure
✓ current as of May 2026
Sec. 3. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time the party confessing executes the power of attorney or confesses judgment, make affidavit stating that:
(1) the debt is just and owing; and
(2) the confession is not made for the purpose of defrauding the person's creditors.
The affidavit shall be filed with the court.
[Pre-1998 Recodification Citation: 34-1-28-3.]
As added by P.L.1-1998, SEC.50.
IC 34-54-3Chapter 3. Limitations on Confession of Judgment Under Power of
Attorney
34-54-3-1Applicability of chapter
34-54-3-2Certain agreements not to be executed
34-54-3-3Certain agreements void
34-54-3-4Certain foreign judgments unenforceable
Notes of Decisions
Cited in 2
cases, 2004–2018 · leading case: Woodley v. Fields, 819 N.E.2d 123 (Ind. Ct. App. 2004).
Woodley v. Fields, 819 N.E.2d 123 (Ind. Ct. App. 2004). “The Fieldses then objected to Allstate's confession, arguing that the confession did not comply with Ind.Code § 34-54-2-3 because Allstate did not file an affidavit as required by that statute.”
EBF Partners, LLC v. Novabella, Inc. d/b/a & Frank Terranova, 96 N.E.3d 87 (Ind. Ct. App. 2018). “"I.C. § 34-54-2-3 (format altered). 7 Article IV, Section 1 of the United States Constitution provides, in relevant part, that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
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