{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-438.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-438.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-438.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-438.html"}],"law_id":85484,"edition_id":1,"section_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","history":"Code 1950, \u00a7 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.","full_text":"If a judgment is confessed by an attorney-in-fact, it shall be the duty of the clerk within ten days from the entry thereof to cause to be served upon the judgment debtor a certified copy of the order so entered in the common-law order book, to which order shall be appended a notice setting forth the provisions of \u00a7 8.01-433. The officer who serves the order shall make return thereof within ten days after service to the clerk. The clerk shall promptly file the order with the papers in the case. The failure to serve a copy of the order within sixty days from the date of entry thereof shall render the judgment void as to any debtor not so served.\n\t\tService of a copy of the order on a nonresident judgment debtor by an officer of the county or city of his residence, authorized by law to serve processes therein, or by the clerk of the court sending a copy of the order by registered or certified mail to such nonresident judgment debtor at his last known post-office address and the filing of a certificate with the papers in the case showing that such has been done or of a receipt showing the receipt of such letter by such nonresident judgment debtor, shall be deemed sufficient service thereof for the purposes of this section.","order_by":null,"text":{"0":{"id":306238,"text":"If a judgment is confessed by an attorney-in-fact, it shall be the duty of the clerk within ten days from the entry thereof to cause to be served upon the judgment debtor a certified copy of the order so entered in the common-law order book, to which order shall be appended a notice setting forth the provisions of \u00a7 8.01-433. The officer who serves the order shall make return thereof within ten days after service to the clerk. The clerk shall promptly file the order with the papers in the case. The failure to serve a copy of the order within sixty days from the date of entry thereof shall render the judgment void as to any debtor not so served.\n\t\tService of a copy of the order on a nonresident judgment debtor by an officer of the county or city of his residence, authorized by law to serve processes therein, or by the clerk of the court sending a copy of the order by registered or certified mail to such nonresident judgment debtor at his last known post-office address and the filing of a certificate with the papers in the case showing that such has been done or of a receipt showing the receipt of such letter by such nonresident judgment debtor, shall be deemed sufficient service thereof for the purposes of this section.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-438\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1972, chapter 611; in 1976, chapter 617; in 1988, chapter 420.<\/p>","references":false,"refers_to":[{"id":84427,"section_number":"8.01-433","catch_line":"Setting aside judgments confessed under \u00a7 8.01-432","order_by":null,"url":"\/8.01-433\/"}],"permalink":{"id":277811,"object_type":"law","relational_id":85484,"identifier":"8.01-438","token":"8.01\/17\/2\/8.01-438","url":"\/8.01-438\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-438\/","token":"8.01\/17\/2\/8.01-438","dublin_core":{"Title":"When judgment confessed by attorney-in-fact copy to be served on judgment debtor","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-438","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a judgment is confessed by an attorney-in-fact<\/span><\/span>, it shall be the duty of the clerk within ten days from the entry thereof to cause to be served upon the judgment debtor<\/span> a certified copy of the order<\/span> so entered in the common-law<\/span> order<\/span> book, to which order<\/span> shall be appended a notice setting forth the provisions of \u00a7 8.01-433<\/a>. The officer who serves the order<\/span> shall make return thereof within ten days after service to the clerk. The clerk shall promptly file the order<\/span> with the papers in the case. The failure to serve a copy of the order<\/span> within sixty days from the date of entry thereof shall render the judgment void as to any debtor not so served.\n\t\tService of a copy of the order<\/span> on a nonresident judgment debtor<\/span> by an officer of the county or city of his residence, authorized by law<\/span> to serve processes therein, or by the clerk of the court<\/span> sending a copy of the order<\/span> by registered or certified mail to such nonresident judgment debtor<\/span> at his last known post-office address and the filing of a certificate with the papers in the case showing that such has been done or of a receipt showing the receipt of such letter by such nonresident judgment debtor<\/span>, shall be deemed sufficient service thereof for the purposes of this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN JUDGMENT CONFESSED BY ATTORNEY-IN-FACT COPY TO BE SERVED ON JUDGMENT DEBTOR\n(\u00a7 8.01-438)\n\nIf a judgment is confessed by an attorney-in-fact, it shall be the duty of the\nclerk within ten days from the entry thereof to cause to be served upon the\njudgment debtor a certified copy of the order so entered in the common-law order\nbook, to which order shall be appended a notice setting forth the provisions of\n\u00a7 8.01-433. The officer who serves the order shall make return thereof within\nten days after service to the clerk. The clerk shall promptly file the order\nwith the papers in the case. The failure to serve a copy of the order within\nsixty days from the date of entry thereof shall render the judgment void as to\nany debtor not so served.\n\t\tService of a copy of the order on a nonresident judgment debtor by an officer\nof the county or city of his residence, authorized by law to serve processes\ntherein, or by the clerk of the court sending a copy of the order by registered\nor certified mail to such nonresident judgment debtor at his last known\npost-office address and the filing of a certificate with the papers in the case\nshowing that such has been done or of a receipt showing the receipt of such\nletter by such nonresident judgment debtor, shall be deemed sufficient service\nthereof for the purposes of this section.\n\nHISTORY: Code 1950, \u00a7 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.","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}}