Virginia Code

Va. Code Ann. § 8.01-436 (2026)

Form of confession of judgment

✓ current as of May 2026

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On the presentation of any such power of attorney as is mentioned in § 8.01-435 by any of the persons therein named as attorney-in-fact, or on the personal appearance of the debtor and the expression by him of his desire to confess such judgment, the clerk of the court mentioned in such power of attorney, or before whom such debtor shall so appear, shall draw and require the attorney-in-fact so appearing, or the debtor, as the case may be, to sign a confession of judgment, which shall be in form substantially as follows:

"Virginia: In the clerk's office of the __________ court of the __________ of __________, I, (or we) A.B., (or A.B. and C.D., etc.) hereby acknowledged myself (or ourselves) to be justly indebted to, and do hereby confess judgment in favor of (name of creditor) in the sum of __________ dollars ($_____) with interest thereon from the __________ day of __________, two thousand __________, until paid, and the cost of this proceeding (including the attorney's fees and collection fees provided for in the instrument on which the proceeding is based) hereby waiving the benefit of my (or our) homestead exemptions as to the same, provided the instrument on which the proceeding is based carries such homestead waiver.

Given under my (or our) hand, this __________ day of __________, two thousand and __________

(Signatures)

or, if by an attorney-in-fact, signatures and seals of debtors,

By ____________________

his (or their) attorney-in-fact."

Code 1950, § 8-360; 1977, c. 617.

Notes of Decisions

Cited in 3 cases, 1994–2011 · 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 4× “Code § 8.01-436 provides a suggested form to be used by the clerk of the court for a confession of judgment.”

Benton Land Fund, L.P. v. NVMercure Ltd. P'ship, 849 F. Supp. 1123 (E.D. Va. 1994). · cites it 7× “And fourth, defendants claim that the affidavit confessing judgment does not substantially comply with Va.Code Ann. § 8.01-436. Defendants first assertion is that the confessed judgment provisions of the Deficiency Note and the Deficiency Guaranty do not comply with Va.”

T.D. Bank, N.A. v. Frey, 83 Va. Cir. 68 (Fairfax Cir. Ct. 2011). · cites it 3× “” Second, Va. Code § 8.01-436 expands upon the Clerk’s duty as follows: On the presentation of any such power of attorney as is mentioned in § 8.”

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