Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 17. Judgments and Decrees Generally » Article 2. Judgments by Confession
Virginia Code

Va. Code Ann. § 8.01-431 (2026)

Judgment or decree by confession in pending suit

✓ current as of May 2026
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In any suit a defendant may, whether the suit is on the court docket or not, confess a judgment in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for. The same shall be entered of record by the clerk in the order book and be as final and as valid as if entered in court on the day of such confession. The clerk shall record such judgment or decree and the date and time of the day at which the same was confessed. The lien of such judgment or decree shall run from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city in which land of the defendant lies.

Code 1955, § 8-355; 1962, c. 388; 1977, c. 617; 2012, c. 802; 2014, c. 330.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1994–2021 · leading case: AAA Disposal Servs., Inc. v. Eckert, 593 S.E.2d 260 (Va. 2004).
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AAA Disposal Servs., Inc. v. Eckert, 593 S.E.2d 260 (Va. 2004). · cites it 14× “We conclude that such a confession of judgment is not valid in light of the plain terms of Code § 8.01-431 requiring that a plaintiff be willing to accept a judgment for the principal and interest contained in a confession of judgment.”
State Farm Mut. Auto. Ins. v. Beng, 455 S.E.2d 2 (Va. 1995). · cites it 10× “On the morning of trial, pursuant to Code § 8.01-431, Lockett proffered a confession of judgment in the amount of $40,000, which exceeded her liability coverage by $15,000.”
In re Dwyer, 445 S.E.2d 157 (Va. Ct. App. 1994). · cites it 4× “” While Code § 8.01-431 allows a judgment to be entered upon confession, the provisions are not applicable to this case.”
Benton Land Fund, L.P. v. NVMercure Ltd. P'ship, 849 F. Supp. 1123 (E.D. Va. 1994). “[The provisions of § 8.01-431 et seq.], taken as a whole, tend to allow the judgment debtor an opportunity to be heard before a lien is entered against the property, and to know in advance of any confession where it might occur and by whom it might be confessed.”
Catjen, LLC v. Hunter Mill West, L.C., 817 S.E.2d 139 (Va. 2018). · cites it 2× “Here, the trial court's decision to reduce the amount due on the Note was based entirely on the calculations proffered by HMW without providing Catjen any opportunity to challenge either the calculations or the qualifications of the individuals who made them.”
Catjen, LLC v. Hunter Mill West, L.C. (Va. 2018). · cites it 2× “2d 260, 262 (2004) (holding that, under Code § 8.01-431, a confessed judgment is only valid and binding where the creditor is willing “to accept the amount of the principal and interest contained in the confession of judgment”).”
Evans v. Evans (Va. 2021). · cites it 2× “01-327 (acceptance of service); Code §§ 8.01-431 to -432 (confession of judgments); Code § 20-99.”
Mountain Empire Ventures, L.L.C. v. Bal, 73 Va. Cir. 198 (Richmond County Cir. Ct. 2007). · cites it 3× “EIughes This case arises out of a Confession of Judgment on a note entered November 8, 2006, pursuant to Va. Code § 8.01-431 et seq. in favor of Mountain Empire Ventures, L.”
T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011). · cites it 3× “Despite their containing the same phrase which the Clerk relies on in this case, none of these Code sections contemplates any involvement by the Clerk or imposes any duty on him to personally ensure that the various requirements are complied with prior to allowing a judgment to…”
Small v. Dixon, 66 Va. Cir. 436 (Nelson Cir. Ct. 1999). · cites it 2× “Section 8.01-431 of the Code of Virginia provides in part that “In an}' suit a defendant may, whether the suit be on the court docket or not, confess a judgment in the clerk’s office for so much principal and interest as the plaintiff may be willing to accept a judgment or…”
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