If a judgment is confessed by an attorney-in-fact, it shall be the duty of the clerk within ten days from the entry thereof to cause to be served upon the judgment debtor a certified copy of the order so entered in the common-law order book, to which order shall be appended a notice setting forth the provisions of § 8.01-433. The officer who serves the order shall make return thereof within ten days after service to the clerk. The clerk shall promptly file the order with the papers in the case. The failure to serve a copy of the order within sixty days from the date of entry thereof shall render the judgment void as to any debtor not so served.
Service of a copy of the order on a nonresident judgment debtor by an officer of the county or city of his residence, authorized by law to serve processes therein, or by the clerk of the court sending a copy of the order by registered or certified mail to such nonresident judgment debtor at his last known post-office address and the filing of a certificate with the papers in the case showing that such has been done or of a receipt showing the receipt of such letter by such nonresident judgment debtor, shall be deemed sufficient service thereof for the purposes of this section.
Code 1950, § 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.
Notes of Decisions
Westlake Legal Grp. v. Flynn, 798 S.E.2d 187 (Va. 2017).
· cites it 10× “" The clerk entered an order of judgment and issued a certified copy of the order for service by the sheriff on the client in compliance with the provisions of Code § 8.01-438. On June 10, 2014, the sheriff returned the papers to the clerk marked "not found.”
Barbara Agnew v. United Leasing Corp., 680 F. App'x 149 (4th Cir. 2017).
· cites it 2× “Va. Code Ann. § 8.01-438 . Virginia law, however, also generally allows a party to “waive by contract any right conferred by law or contract.”
Trimark Partners, L.L.C. v. HST, L.L.C., 39 Va. Cir. 415 (Fairfax Cir. Ct. 1996).
· cites it 5× “Service of the order confessing judgment was effected on each of the defendants on April 7, 1995, within the sixty day period mandated by Va. Code § 8.01-438. Defendants filed a Motion to Set Aside Confessed Judg *416 ment on April 21, 1995.”
Builders Supply Co. of Hopewell, Inc. v. Brown, 24 Va. Cir. 369 (Richmond County Cir. Ct. 1991).
· cites it 5× “to the confessed judgment order as required by § 8.01-438 . . ." Thereafter, in November, 1987, the Joyners filed *370 bankruptcy and obtained a discharge of all unsecured debts.”
Ayers v. Brooke Road, LLC (Va. 2021).
· cites it 24× “” Quoting Code § 8.01-438, Ayers noted that a confessed judgment is “void as to any debtor not .”
Mountain Empire Ventures, L.L.C. v. Bal, 73 Va. Cir. 198 (Richmond County Cir. Ct. 2007).
· cites it 12× “The motion has been argued, and the court finds in favor of the judgment debtor. Plaintiff asserts that Defendant’s Motion to Set Aside Confession of Judgment was untimely, thus, this Court no longer has jurisdiction to grant the motion.”
Holt v. Nedry, 64 Va. Cir. 373 (Fairfax Cir. Ct. 2004).
· cites it 3× “” Va. Code § 8.01-438. “Waiver is the intentional *375 relinquishment of a known right, with both knowledge of its existence and an intention to relinquish it.”
Hubbard Ins. Agency, Inc. v. Garrett, 33 Va. Cir. 18 (Lancaster Cir. Ct. 1993).
· cites it 3× “Virginia Code § 8.01-438 imposes upon the clerk the duty within ten days from the entry of the judgment to cause to be served upon the judgment debtors a certified copy of the order of judgment to which shall be appended a notice setting forth the provisions of § 8.”
Kalsi v. Patel, 53 Va. Cir. 302 (Norfolk Cir. Ct. 2000).
· cites it 3× “The issue of improper service of the order confessing judgment under Va. Code § 8.01-438 and the required notice under Va.”
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