Any judgment confessed under the provisions of § 8.01-432 may be set aside or reduced upon motion of the judgment debtor made within twenty-one days following notice to him that such judgment has been entered against him, and after twenty-one days notice to the judgment creditor or creditors for whom the judgment was confessed, on any ground which would have been an adequate defense or setoff in an action at law instituted upon the judgment creditor's note, bond or other evidence of debt upon which such judgment was confessed. Whenever any such judgment is set aside or modified the case shall be placed on the trial docket of the court, and the proceedings thereon shall thereafter be the same as if an action at law had been instituted upon the bond, note or other evidence of debt upon which judgment was confessed. After such case is so docketed the court shall make such order as to the pleadings, future proceedings and costs as to the court may seem just.
Code 1950, § 8-357; 1977, c. 617.
Notes of Decisions
Westlake Legal Grp. v. Flynn, 798 S.E.2d 187 (Va. 2017).
· cites it 3× “) The following section provides for setting such judgments aside on "any ground that would have been an adequate defense to an action brought on the creditor's note, bond or other evidence of debt upon which such judgment was confessed.”
Safrin v. Travaini Pumps USA, Inc., 611 S.E.2d 352 (Va. 2005).
· cites it 2× “01-432 "may be set aside or reduced upon motion of the judgment debtor made within twenty-one days following notice to him that such judgment has been entered against him, and after twenty-one days notice to the judgment creditor or creditors for whom the judgment was confessed.”
Benton Land Fund, L.P. v. NVMercure Ltd. P'ship, 849 F. Supp. 1123 (E.D. Va. 1994).
· cites it 9× “Purporting to be the proper holder of the Note, Benton obtained a confessed judgment in this Court against all the defendants for the sum of $5,295,854.38 plus interest and fees on March 11, 1993.”
Builders Supply Co. of Hopewell, Inc. v. Brown, 24 Va. Cir. 369 (Richmond County Cir. Ct. 1991).
· cites it 7× “The Motion for Judgment says that Brown "negligently failed to attach a copy of § 8.01-433 ... to the confessed judgment order as required by § 8.”
Harris v. Tabler, 348 S.E.2d 241 (Va. 1986).
· cites it 2× “Subsequently, the Tablers, pursuant to Code § 8.01-433, moved to set aside the judgment.”
Ali v. TeleScience Int'l, Inc., 64 Va. Cir. 60 (Fairfax Cir. Ct. 2004).
· cites it 3× “Section 8.01-433 of the Virginia Code provides that a Confession of Judgment “may be set aside or reduced .”
FWB Bank v. R.S.Q. Assocs., 31 Va. Cir. 74 (Fairfax Cir. Ct. 1993).
· cites it 2× “Under § 8.01-433 of the Virginia Code, a confessed judgment will be set aside where a defendant raises “any ground which would have been an adequate defense .”
Burdette Smith Grp., P.C. v. Elza, 54 U.C.C. Rep. Serv. 2d (West) 658 (Fairfax Cir. Ct. 2004).
· cites it 5× “Section 8.01-433 of the Virginia Code provides for the setting aside of a confessed judgment “on any ground which would have been an adequate defense or setoff in an action at law instituted upon the judgment creditor’s note .”
Trimark Partners, L.L.C. v. HST, L.L.C., 39 Va. Cir. 415 (Fairfax Cir. Ct. 1996).
· cites it 3× “2 Va. Code § 8.01-433, sets out the time frame for the filing of a motion to set aside a confessed judgment.”
NationsBank v. Sarelson, 31 Va. Cir. 544 (Fairfax Cir. Ct. 1992).
· cites it 2× “In determining whether defendants have raised an adequate defense and whether the defense is available to defendants on the facts as pleaded, I note, first, that in accordance with the language of Virginia Code § 8.01-433, it is sufficient if the pleadings on their face assert…”
Ayers v. Brooke Road, LLC (Va. 2021).
· cites it 33× “Brooke Road filed a demurrer to Ayers’ amended complaint, contending that Ayers’ claims were barred by the provisions of Code § 8.01-433. Brooke Road maintained that Code § 8.”
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