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. § 8.01-433.1 (2026)

Notice of confession of judgment provision

✓ current as of May 2026
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No judgment shall be confessed upon a note, bond, or other evidence of debt pursuant to a confession of judgment provision contained therein which does not contain a statement typed in boldface print of not less than eight point type on its face:

IMPORTANT NOTICE

THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE.

This section shall only apply to notes, bonds, or other evidences of debt containing confession of judgment provisions entered into after January 1, 1993.

1992, c. 396.

Notes of Decisions
Cited in 8 cases, 1992–2017 · leading case: Hardesty v. Hardesty, 581 S.E.2d 213 (Va. Ct. App. 2003).
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Hardesty v. Hardesty, 581 S.E.2d 213 (Va. Ct. App. 2003). · cites it 8× “2-316(2) (requiring disclaimers of an implied warranty of merchantability to "mention" the word "merchantability"); Code § 8.01-433.1 (requiring contracts authorizing confession of judgment to include specific statutory verbiage).”
Westlake Legal Grp. v. Flynn, 798 S.E.2d 187 (Va. 2017). · cites it 2× “The confessed-judgment clause contained the warning required by Code § 8.01-433.1. On April 30, 2014, the attorney, then using the name Westlake Legal Group, billed the client for $8,910.”
Citibank, N.A. v. Aburish, 59 Va. Cir. 58 (2002). · cites it 11× “01-433 is applicable to challenges to confessed judgments made under Va. Code § 8.01-433.1. The two Code provisions are as follow: “§ 8.”
First Am. Bank v. McCarty, 29 Va. Cir. 182 (Fairfax Cir. Ct. 1992). · cites it 3× “McCarty’s wife in violation of the provisions of the Equal Credit Opportunity Act and that this violation constitutes an adequate defense under Va. Code § 8.01-433.1 concur in this conclusion.”
Superior Paving Corp. v. Bud & the Boyz Constr., 79 Va. Cir. 372 (Fairfax Cir. Ct. 2009). · cites it 24× “Va. Code § 8.01-433.1 states: No judgment shall be confessed upon a note, bond, or other evidence of debt pursuant to a confession of judgment provision contained therein which does not contain a statement typed in boldface print of not less than eight point type on its face:…”
T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011). · cites it 23× “In response, the Clerk refused to accept and endorse the confession of judgment because he asserted that the instruments upon which the confession was based did not comply with Va. Code § 8.01-433.1, specifically in that they lacked the words, “IMPORTANT NOTICE.”
Key Bank & Trust v. Myers, 49 Va. Cir. 70 (Fairfax Cir. Ct. 1999). · cites it 2× “Myers asserts several affirmative defenses, namely: (1) the appointment of Haas as attomey-in-fact fails to meet the notice requirements in § 8.01-433.1 of the Virginia Code, (2) the appointment of die attomey-in-fact is invalid because her signature on the Note is not notarized…”
Moyer v. Catlin, 36 Va. Cir. 209 (Fairfax Cir. Ct. 1995). · cites it 2× “Second, they assert that the confession of judgment terms of die promissory note failed to comply with the requirements of § 8.01-433.1 of the Code of *210 Virginia, and therefore, the confession of judgment is invalid.”
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