Virginia Code

Va. Code Ann. § 8.01-432 (2026)

Confession of judgment irrespective of suit pending

✓ current as of May 2026

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Any person being indebted to another person, or any attorney-in-fact pursuant to a power of attorney, may at any time confess judgment in the clerk's office of any circuit court in this Commonwealth, whether a suit, motion or action be pending therefor or not, for only such principal and interest as his creditor may be willing to accept a judgment for, which judgment, when so confessed, shall be forthwith entered of record by the clerk in whose office it is confessed, in the proper order book of his court. Such judgment shall be as final and as binding as though confessed in open court or rendered by the court, subject to the control of the court in the clerk's office of which the same shall have been confessed.

Code 1950, § 8-356; 1977, c. 617.

Notes of Decisions

Cited in 19 cases, 1990–2020 · leading case: Safrin v. Travaini Pumps USA, Inc., 611 S.E.2d 352 (Va. 2005).

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Safrin v. Travaini Pumps USA, Inc., 611 S.E.2d 352 (Va. 2005). · cites it 16× “In this appeal, the dispositive issue we consider is whether more than 21 days after the entry of a confessed judgment pursuant to Code § 8.01-432, the trial court had jurisdiction to modify that judgment by entering an award of liquidated attorney's fees.”

Westlake Legal Grp. v. Flynn, 798 S.E.2d 187 (Va. 2017). · cites it 6× “The confessed judgment became void sixty days after its entry on June 5, 2014 because of failure to serve a certified copy on the client.”

AAA Disposal Servs., Inc. v. Eckert, 593 S.E.2d 260 (Va. 2004). · cites it 4× “The court further explained that, pursuant to the provisions of Code § 8.01-432, judgment may be confessed “for only such principal and interest as [the] creditor may be willing to accept a judgment for.”

C.F. Trust, Inc. v. Peterson, 6 Mass. L. Rptr. 505 (Mass. Super. Ct. 1997). · cites it 3× “Va. Code Ann. §8.01-432 et seq. (1992 ed.”

Benton Land Fund, L.P. v. NVMercure Ltd. P'ship, 849 F. Supp. 1123 (E.D. Va. 1994). · cites it 3× “Setting aside judgments confessed under § 8.01-432. — Any judgment confessed under the provisions of § 8.”

First Am. Bank v. MacDonald, 30 Va. Cir. 299 (Fairfax Cir. Ct. 1993). · cites it 4× “Defendant first raises a procedural bar to the award of attorneys* fees in this case, contending that attorneys’ fees may not be awarded in conjunction with a confession of judgment because Va. Code § 8.01-432 only provides for a confession of judgment for principal and interest.”

Trimark Partners, L.L.C. v. HST, L.L.C., 39 Va. Cir. 415 (Fairfax Cir. Ct. 1996). “Confession of judgment under the provisions of § 8.01-432 may be made either by the debtor himself or by his duly constituted attomey-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…”

Citibank, N.A. v. Aburish, 59 Va. Cir. 58 (2002). · cites it 4× “Setting aside judgments confessed under § 8.01-432[ 1 ] —Any judgment confessed under the provisions of § 8.”

T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011). · cites it 13× “01-432, which states: *72 Any person being indebted to another person, or any attorney-in-fact pursuant to a power of attorney, may at any time confess judgment in the clerk’s office of any circuit court in this Commonwealth, whether a suit, motion, or action be pending therefor…”

Catjen, LLC v. Hunter Mill West, L.C., 817 S.E.2d 139 (Va. 2018). · cites it 7× “01-433 does not permit a trial court to enter a modified confessed judgment over the objection of the party seeking the judgment.”

Catjen, LLC v. Hunter Mill West, L.C. (Va. 2018). · cites it 5× “” Code § 8.01-432. A fundamental requirement 6 to the entry of a confessed judgment is that the creditor must agree to the amount of the confessed judgment.”

Fru-Con Constr. Corp. v. Araujo Constr. Co., 78 Va. Cir. 132 (Fairfax Cir. Ct. 2009). · cites it 5× “§§ 8.01-432, 8.01-433 (2007). Clearly, if Defendants believed that Plaintiff was defrauding them, they would not have entered into the contract.”

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