{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-28.html"}],"law_id":76858,"edition_id":1,"section_id":76858,"structure_id":15725,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","history":"Code 1950, \u00a7 8-511; 1954, c. 610; 1960, c. 426; 1977, c. 617; 1983, c. 136; 1991, cc. 56, 503; 2014, c. 688.","full_text":"In any action at law on a note or contract, express or implied, for the payment of money, or unlawful detainer pursuant to \u00a7 55.1-1245 or 55.1-1415 for the payment of money or possession of the premises, or both, if (i) the plaintiff files with his motion for judgment or civil warrant an affidavit made by himself or his agent, stating therein to the best of the affiant’s belief the amount of the plaintiff’s claim, that such amount is justly due, and the time from which plaintiff claims interest, and (ii) a copy of the affidavit together with a copy of any account filed with the motion for judgment or warrant and, in actions pursuant to \u00a7 55.1-1245 or 55.1-1415, proof of required notices is served on the defendant as provided in \u00a7 8.01-296 at the time a copy of the motion for judgment or warrant is so served, the plaintiff shall be entitled to a judgment on the affidavit and statement of account without further evidence unless the defendant either appears and pleads under oath or files with the court before the return date an affidavit or responsive pleading denying that the plaintiff is entitled to recover from the defendant on the claim. A denial by the defendant in general district court need not be in writing. The plaintiff or defendant shall, on motion, be granted a continuance whenever the defendant appears and pleads. If the defendant’s pleading or affidavit admits that the plaintiff is entitled to recover from the defendant a sum certain less than that stated in the affidavit filed by the plaintiff, judgment may be taken by the plaintiff for the sum so admitted to be due, and the case will be tried as to the residue.\n\t\tIn the event of a defect in the affidavit, the plaintiff shall be entitled to a continuance.","order_by":null,"text":{"0":{"id":275913,"text":"In any action at law on a note or contract, express or implied, for the payment of money, or unlawful detainer pursuant to \u00a7 55.1-1245 or 55.1-1415 for the payment of money or possession of the premises, or both, if (i) the plaintiff files with his motion for judgment or civil warrant an affidavit made by himself or his agent, stating therein to the best of the affiant’s belief the amount of the plaintiff’s claim, that such amount is justly due, and the time from which plaintiff claims interest, and (ii) a copy of the affidavit together with a copy of any account filed with the motion for judgment or warrant and, in actions pursuant to \u00a7 55.1-1245 or 55.1-1415, proof of required notices is served on the defendant as provided in \u00a7 8.01-296 at the time a copy of the motion for judgment or warrant is so served, the plaintiff shall be entitled to a judgment on the affidavit and statement of account without further evidence unless the defendant either appears and pleads under oath or files with the court before the return date an affidavit or responsive pleading denying that the plaintiff is entitled to recover from the defendant on the claim. A denial by the defendant in general district court need not be in writing. The plaintiff or defendant shall, on motion, be granted a continuance whenever the defendant appears and pleads. If the defendant’s pleading or affidavit admits that the plaintiff is entitled to recover from the defendant a sum certain less than that stated in the affidavit filed by the plaintiff, judgment may be taken by the plaintiff for the sum so admitted to be due, and the case will be tried as to the residue.\n\t\tIn the event of a defect in the affidavit, the plaintiff shall be entitled to a continuance.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15725,"edition_id":1,"name":"Actions on Contracts Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:58:26","date_modified":"2026-06-26 03:58:26","permalink":{"id":280373,"object_type":"structure","relational_id":15725,"identifier":"2","token":"8.01\/3\/2","url":"\/8.01\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60317,"structure_id":15725,"section_number":"8.01-27","catch_line":"Civil action on note or writing promising to pay money","url":"\/8.01-27\/","token":"8.01\/3\/2\/8.01-27","metadata":false},{"id":68293,"structure_id":15725,"section_number":"8.01-27.1","catch_line":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","url":"\/8.01-27.1\/","token":"8.01\/3\/2\/8.01-27.1","metadata":false},{"id":69072,"structure_id":15725,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","url":"\/8.01-27.2\/","token":"8.01\/3\/2\/8.01-27.2","metadata":false},{"id":60921,"structure_id":15725,"section_number":"8.01-27.3","catch_line":"Evidence in actions regarding issuance of bad check","url":"\/8.01-27.3\/","token":"8.01\/3\/2\/8.01-27.3","metadata":false},{"id":64489,"structure_id":15725,"section_number":"8.01-27.4","catch_line":"Civil recovery for professional services","url":"\/8.01-27.4\/","token":"8.01\/3\/2\/8.01-27.4","metadata":false},{"id":71560,"structure_id":15725,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","url":"\/8.01-27.5\/","token":"8.01\/3\/2\/8.01-27.5","metadata":false},{"id":76858,"structure_id":15725,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","url":"\/8.01-28\/","token":"8.01\/3\/2\/8.01-28","metadata":false},{"id":78708,"structure_id":15725,"section_number":"8.01-29","catch_line":"Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance","url":"\/8.01-29\/","token":"8.01\/3\/2\/8.01-29","metadata":false},{"id":68590,"structure_id":15725,"section_number":"8.01-30","catch_line":"Procedure in actions on contracts made by several persons","url":"\/8.01-30\/","token":"8.01\/3\/2\/8.01-30","metadata":false},{"id":70643,"structure_id":15725,"section_number":"8.01-31","catch_line":"Accounting in equity","url":"\/8.01-31\/","token":"8.01\/3\/2\/8.01-31","metadata":false},{"id":85088,"structure_id":15725,"section_number":"8.01-32","catch_line":"Action on lost evidences of debt","url":"\/8.01-32\/","token":"8.01\/3\/2\/8.01-32","metadata":false},{"id":78916,"structure_id":15725,"section_number":"8.01-33","catch_line":"Equitable relief in certain cases","url":"\/8.01-33\/","token":"8.01\/3\/2\/8.01-33","metadata":false}],"previous_section":{"id":71560,"structure_id":15725,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","url":"\/8.01-27.5\/","token":"8.01\/3\/2\/8.01-27.5","metadata":false},"next_section":{"id":78708,"structure_id":15725,"section_number":"8.01-29","catch_line":"Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance","url":"\/8.01-29\/","token":"8.01\/3\/2\/8.01-29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-28\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 610; in 1960, chapter 426; in 1977, chapter 617; in 1983, chapter 136; in 1991, chapters 56 and 503; in 2014, chapter 688<\/a>.<\/p>","references":[{"id":84650,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","order_by":null,"url":"\/16.1-88\/"}],"refers_to":[{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":67992,"section_number":"55.1-1415","catch_line":"Failure to pay certain rents after five days' notice forfeits right of possession","order_by":null,"url":"\/55.1-1415\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":280399,"object_type":"law","relational_id":76858,"identifier":"8.01-28","token":"8.01\/3\/2\/8.01-28","url":"\/8.01-28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-28\/","token":"8.01\/3\/2\/8.01-28","dublin_core":{"Title":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any action<\/span> at law<\/span> on a note or contract<\/span>, express or implied, for the payment of money, or unlawful detainer<\/span> pursuant to \u00a7 55.1-1245<\/a> or 55.1-1415<\/a> for the payment of money or possession<\/span> of the premises, or both, if (i) the plaintiff<\/span> files with his motion for judgment<\/span> or civil warrant an affidavit<\/span> made by himself or his agent, stating therein to the best of the affiant’s belief the amount of the plaintiff<\/span>’s claim, that such amount is justly due, and the time from which plaintiff<\/span> claims interest, and (ii) a copy of the affidavit<\/span> together with a copy of any account filed with the motion for judgment<\/span> or warrant and, in actions<\/span> pursuant to \u00a7 55.1-1245<\/a> or 55.1-1415<\/a>, proof of required notices is served on the defendant<\/span> as provided in \u00a7 8.01-296<\/a> at the time a copy of the motion for judgment<\/span> or warrant is so served, the plaintiff<\/span> shall be entitled to a judgment on the affidavit<\/span> and statement of account without further evidence<\/span> unless the defendant<\/span> either appears and pleads under oath<\/span> or files with the court<\/span> before the return date an affidavit<\/span> or responsive pleading denying that the plaintiff<\/span> is entitled to recover from the defendant<\/span> on the claim. A denial by the defendant<\/span> in general district court<\/span> need not be in writing. The plaintiff<\/span> or defendant<\/span> shall, on motion, be granted a continuance<\/span> whenever the defendant<\/span> appears and pleads. If the defendant<\/span>’s pleading or affidavit<\/span> admits that the plaintiff<\/span> is entitled to recover from the defendant<\/span> a sum certain less than that stated in the affidavit<\/span> filed by the plaintiff<\/span>, judgment may be taken by the plaintiff<\/span> for the sum so admitted to be due, and the case will be tried as to the residue.\n\t\tIn the event of a defect in the affidavit<\/span>, the plaintiff<\/span> shall be entitled to a continuance<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN JUDGMENT TO BE GIVEN IN ACTION UPON CONTRACT OR NOTE UNLESS DEFENDANT\nAPPEARS AND DENIES CLAIM UNDER OATH (\u00a7 8.01-28)\n\nIn any action at law on a note or contract, express or implied, for the payment\nof money, or unlawful detainer pursuant to \u00a7 55.1-1245 or 55.1-1415 for the\npayment of money or possession of the premises, or both, if (i) the plaintiff\nfiles with his motion for judgment or civil warrant an affidavit made by himself\nor his agent, stating therein to the best of the affiant’s belief the\namount of the plaintiff’s claim, that such amount is justly due, and the\ntime from which plaintiff claims interest, and (ii) a copy of the affidavit\ntogether with a copy of any account filed with the motion for judgment or\nwarrant and, in actions pursuant to \u00a7 55.1-1245 or 55.1-1415, proof of required\nnotices is served on the defendant as provided in \u00a7 8.01-296 at the time a copy\nof the motion for judgment or warrant is so served, the plaintiff shall be\nentitled to a judgment on the affidavit and statement of account without further\nevidence unless the defendant either appears and pleads under oath or files with\nthe court before the return date an affidavit or responsive pleading denying\nthat the plaintiff is entitled to recover from the defendant on the claim. A\ndenial by the defendant in general district court need not be in writing. The\nplaintiff or defendant shall, on motion, be granted a continuance whenever the\ndefendant appears and pleads. If the defendant’s pleading or affidavit\nadmits that the plaintiff is entitled to recover from the defendant a sum\ncertain less than that stated in the affidavit filed by the plaintiff, judgment\nmay be taken by the plaintiff for the sum so admitted to be due, and the case\nwill be tried as to the residue.\n\t\tIn the event of a defect in the affidavit, the plaintiff shall be entitled to\na continuance.\n\nHISTORY: Code 1950, \u00a7 8-511; 1954, c. 610; 1960, c. 426; 1977, c. 617; 1983, c.\n136; 1991, cc. 56, 503; 2014, c. 688.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}