{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-435.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-435.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-435.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-435.html"}],"law_id":62451,"edition_id":1,"section_id":62451,"structure_id":14591,"section_number":"8.01-435","catch_line":"Who may confess judgment","history":"Code 1950, \u00a7 8-359; 1977, c. 617; 2012, cc. 31, 118.","full_text":"Confession of judgment under the provisions of \u00a7 8.01-432 may be made either by the debtor himself or by his duly constituted attorney-in-fact, acting under and by virtue of a power of attorney duly executed and acknowledged by him as deeds are required to be acknowledged, before any officer or person authorized to take acknowledgments of writings to be recorded in this Commonwealth, provided, however, that any power of attorney incorporated in, and made part of, any note or bond authorizing the confession of judgment thereon against the makers and endorsers in the event of default in the payment thereof at maturity need not be acknowledged, but shall specifically name therein the attorney or attorneys or other person or persons authorized to confess such judgment and the clerk&#8217;s office in which the judgment is to be confessed.\n\t\tThe payee, obligee, or person otherwise entitled to payment under any note or bond may appoint a substitute for any attorney-in-fact authorized to confess judgment that is specifically named in such note or bond, by specifically naming the substitute attorney-in-fact in an instrument appointing the substitute attorney-in-fact. Such instrument shall be recorded and indexed according to law in the clerk&#8217;s office where judgment is to be confessed by the terms of such note or bond, and a clerk&#8217;s fee for such recording shall be paid as set out in \u00a7 17.1-275. If such note or bond does not contain a notice informing the debtor that a substitute attorney-in-fact may be appointed by the payee, obligee, or person otherwise entitled to payment under the note or bond, then within 10 days after the instrument appointing the substitute attorney-in-fact is recorded, the person appointing the substitute attorney-in-fact shall send notice of the appointment by certified mail to the debtor&#8217;s last known address as it appears in the records of the person appointing the substitute attorney-in-fact.","order_by":null,"text":{"0":{"id":227765,"text":"Confession of judgment under the provisions of \u00a7 8.01-432 may be made either by the debtor himself or by his duly constituted attorney-in-fact, acting under and by virtue of a power of attorney duly executed and acknowledged by him as deeds are required to be acknowledged, before any officer or person authorized to take acknowledgments of writings to be recorded in this Commonwealth, provided, however, that any power of attorney incorporated in, and made part of, any note or bond authorizing the confession of judgment thereon against the makers and endorsers in the event of default in the payment thereof at maturity need not be acknowledged, but shall specifically name therein the attorney or attorneys or other person or persons authorized to confess such judgment and the clerk&#8217;s office in which the judgment is to be confessed.\n\t\tThe payee, obligee, or person otherwise entitled to payment under any note or bond may appoint a substitute for any attorney-in-fact authorized to confess judgment that is specifically named in such note or bond, by specifically naming the substitute attorney-in-fact in an instrument appointing the substitute attorney-in-fact. Such instrument shall be recorded and indexed according to law in the clerk&#8217;s office where judgment is to be confessed by the terms of such note or bond, and a clerk&#8217;s fee for such recording shall be paid as set out in \u00a7 17.1-275. If such note or bond does not contain a notice informing the debtor that a substitute attorney-in-fact may be appointed by the payee, obligee, or person otherwise entitled to payment under the note or bond, then within 10 days after the instrument appointing the substitute attorney-in-fact is recorded, the person appointing the substitute attorney-in-fact shall send notice of the appointment by certified mail to the debtor&#8217;s last known address as it appears in the records of the person appointing the substitute attorney-in-fact.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14591,"edition_id":1,"name":"Judgments by Confession","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14169,"metadata":{},"date_created":"2026-06-26 03:48:48","date_modified":"2026-06-26 03:48:48","permalink":{"id":277777,"object_type":"structure","relational_id":14591,"identifier":"2","token":"8.01\/17\/2","url":"\/8.01\/17\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14169,"edition_id":1,"name":"Judgments and Decrees Generally","identifier":"17","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:07","date_modified":"2026-06-26 03:47:07","permalink":{"id":277749,"object_type":"structure","relational_id":14169,"identifier":"17","token":"8.01\/17","url":"\/8.01\/17\/","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":70787,"structure_id":14591,"section_number":"8.01-431","catch_line":"Judgment or decree by confession in pending suit","url":"\/8.01-431\/","token":"8.01\/17\/2\/8.01-431","metadata":false},{"id":56092,"structure_id":14591,"section_number":"8.01-432","catch_line":"Confession of judgment irrespective of suit pending","url":"\/8.01-432\/","token":"8.01\/17\/2\/8.01-432","metadata":false},{"id":84427,"structure_id":14591,"section_number":"8.01-433","catch_line":"Setting aside judgments confessed under \u00a7 8.01-432","url":"\/8.01-433\/","token":"8.01\/17\/2\/8.01-433","metadata":false},{"id":70987,"structure_id":14591,"section_number":"8.01-433.1","catch_line":"Notice of confession of judgment provision","url":"\/8.01-433.1\/","token":"8.01\/17\/2\/8.01-433.1","metadata":false},{"id":64834,"structure_id":14591,"section_number":"8.01-434","catch_line":"Lien of such judgments","url":"\/8.01-434\/","token":"8.01\/17\/2\/8.01-434","metadata":false},{"id":62451,"structure_id":14591,"section_number":"8.01-435","catch_line":"Who may confess judgment","url":"\/8.01-435\/","token":"8.01\/17\/2\/8.01-435","metadata":false},{"id":85501,"structure_id":14591,"section_number":"8.01-436","catch_line":"Form of confession of judgment","url":"\/8.01-436\/","token":"8.01\/17\/2\/8.01-436","metadata":false},{"id":71150,"structure_id":14591,"section_number":"8.01-437","catch_line":"Endorsement of clerk thereon","url":"\/8.01-437\/","token":"8.01\/17\/2\/8.01-437","metadata":false},{"id":85484,"structure_id":14591,"section_number":"8.01-438","catch_line":"When judgment confessed by attorney-in-fact copy to be served on judgment debtor","url":"\/8.01-438\/","token":"8.01\/17\/2\/8.01-438","metadata":false},{"id":57630,"structure_id":14591,"section_number":"8.01-439","catch_line":"Filing of records by clerk","url":"\/8.01-439\/","token":"8.01\/17\/2\/8.01-439","metadata":false},{"id":75643,"structure_id":14591,"section_number":"8.01-440","catch_line":"Docketing and execution","url":"\/8.01-440\/","token":"8.01\/17\/2\/8.01-440","metadata":false},{"id":76100,"structure_id":14591,"section_number":"8.01-441","catch_line":"When judgment confessed by virtue of power of attorney invalid","url":"\/8.01-441\/","token":"8.01\/17\/2\/8.01-441","metadata":false}],"previous_section":{"id":64834,"structure_id":14591,"section_number":"8.01-434","catch_line":"Lien of such judgments","url":"\/8.01-434\/","token":"8.01\/17\/2\/8.01-434","metadata":false},"next_section":{"id":85501,"structure_id":14591,"section_number":"8.01-436","catch_line":"Form of confession of judgment","url":"\/8.01-436\/","token":"8.01\/17\/2\/8.01-436","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-435\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1977, chapter 617; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0031\">31<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0118\">118<\/a>.<\/p>","references":[{"id":85501,"section_number":"8.01-436","catch_line":"Form of confession of judgment","order_by":null,"url":"\/8.01-436\/"}],"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":56092,"section_number":"8.01-432","catch_line":"Confession of judgment irrespective of suit pending","order_by":null,"url":"\/8.01-432\/"}],"permalink":{"id":277799,"object_type":"law","relational_id":62451,"identifier":"8.01-435","token":"8.01\/17\/2\/8.01-435","url":"\/8.01-435\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-435\/","token":"8.01\/17\/2\/8.01-435","dublin_core":{"Title":"Who may confess judgment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-435","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p><span class=\"dictionary\">Confession<\/span> of <span class=\"dictionary\">judgment<\/span> under the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Confession of judgment irrespective of suit pending\" href=\"\/8.01-432\/\">8.01-432<\/a> may be made either by the debtor himself or by his duly constituted <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>, acting under and by virtue of a <span class=\"dictionary\">power of attorney<\/span> duly executed and acknowledged by him as deeds are required to be acknowledged, before any officer or <span class=\"dictionary\">person<\/span> authorized to take acknowledgments of writings to be recorded in this Commonwealth, provided, however, that any <span class=\"dictionary\">power of attorney<\/span> incorporated in, and made part of, any note or <span class=\"dictionary\">bond<\/span> authorizing the <span class=\"dictionary\">confession<\/span> of <span class=\"dictionary\">judgment<\/span> thereon against the makers and endorsers in the event of <span class=\"dictionary\">default<\/span> in the payment thereof at maturity need not be acknowledged, but shall specifically name therein the attorney or attorneys or other <span class=\"dictionary\">person<\/span> or <span class=\"dictionary\">persons<\/span> authorized to confess such <span class=\"dictionary\">judgment<\/span> and the clerk&#8217;s office in which the <span class=\"dictionary\">judgment<\/span> is to be confessed.\n\t\tThe payee, obligee, or <span class=\"dictionary\">person<\/span> otherwise entitled to payment under any note or <span class=\"dictionary\">bond<\/span> may appoint a substitute for any <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> authorized to confess <span class=\"dictionary\">judgment<\/span> that is specifically named in such note or <span class=\"dictionary\">bond<\/span>, by specifically naming the substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> in an instrument appointing the substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>. Such instrument shall be recorded and indexed according to <span class=\"dictionary\">law<\/span> in the clerk&#8217;s office where <span class=\"dictionary\">judgment<\/span> is to be confessed by the terms of such note or <span class=\"dictionary\">bond<\/span>, and a clerk&#8217;s fee for such recording shall be paid as set out in \u00a7&nbsp;<a class=\"law\" title=\"Fees collected by clerks of circuit courts; generally\" href=\"\/17.1-275\/\">17.1-275<\/a>. If such note or <span class=\"dictionary\">bond<\/span> does not contain a notice informing the debtor that a substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> may be appointed by the payee, obligee, or <span class=\"dictionary\">person<\/span> otherwise entitled to payment under the note or <span class=\"dictionary\">bond<\/span>, then within 10 days after the instrument appointing the substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> is recorded, the <span class=\"dictionary\">person<\/span> appointing the substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span> shall send notice of the appointment by certified mail to the debtor&#8217;s last known address as it appears in the records of the <span class=\"dictionary\">person<\/span> appointing the substitute <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHO MAY CONFESS JUDGMENT (\u00a7 8.01-435)\n\nConfession of judgment under the provisions of \u00a7 8.01-432 may be made either by\nthe debtor himself or by his duly constituted attorney-in-fact, acting under and\nby virtue of a power of attorney duly executed and acknowledged by him as deeds\nare required to be acknowledged, before any officer or person authorized to take\nacknowledgments of writings to be recorded in this Commonwealth, provided,\nhowever, that any power of attorney incorporated in, and made part of, any note\nor bond authorizing the confession of judgment thereon against the makers and\nendorsers in the event of default in the payment thereof at maturity need not be\nacknowledged, but shall specifically name therein the attorney or attorneys or\nother person or persons authorized to confess such judgment and the\nclerk&#8217;s office in which the judgment is to be confessed.\n\t\tThe payee, obligee, or person otherwise entitled to payment under any note or\nbond may appoint a substitute for any attorney-in-fact authorized to confess\njudgment that is specifically named in such note or bond, by specifically naming\nthe substitute attorney-in-fact in an instrument appointing the substitute\nattorney-in-fact. Such instrument shall be recorded and indexed according to law\nin the clerk&#8217;s office where judgment is to be confessed by the terms of\nsuch note or bond, and a clerk&#8217;s fee for such recording shall be paid as\nset out in \u00a7 17.1-275. If such note or bond does not contain a notice informing\nthe debtor that a substitute attorney-in-fact may be appointed by the payee,\nobligee, or person otherwise entitled to payment under the note or bond, then\nwithin 10 days after the instrument appointing the substitute attorney-in-fact\nis recorded, the person appointing the substitute attorney-in-fact shall send\nnotice of the appointment by certified mail to the debtor&#8217;s last known\naddress as it appears in the records of the person appointing the substitute\nattorney-in-fact.\n\nHISTORY: Code 1950, \u00a7 8-359; 1977, c. 617; 2012, cc. 31, 118.","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}}