A. A defendant in any judgment, his heirs or personal representatives, may, on motion, after ten days' notice thereof to the plaintiff in such judgment, or his assignee, or if he be dead, to his personal representative, or if he be a nonresident, to his attorney, if he have one, apply to the court in which the judgment was rendered, to have the same marked satisfied, and upon proof that the judgment has been paid off or discharged, such court shall order such satisfaction to be recorded in the judgment docket book together with a separate instrument or order discharging the judgment and referencing the judgment docket book and page where the original judgment was entered, and a certificate of such order to be made to the clerk of the court in which such judgment is required by § 8.01-446 to be docketed, and the clerk of such court shall immediately, upon the receipt of such certificate, enter the same in the judgment docket book where such judgment is docketed. If the plaintiff be a nonresident and have no attorney of record residing in this Commonwealth, the notice may be published and posted as an order of publication is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and similar proceeding, the court may order that a separate instrument or order be recorded to reflect that a judgment has been "discharged in bankruptcy" for any judgment that may be shown to have been so discharged.
B. The cost of such proceedings, including reasonable attorney fees, may be ordered to be paid by the plaintiff.
Code 1950, § 8-383; 1977, c. 617; 2014, c. 330.
Notes of Decisions
Upper Occoquan Sewage Auth. v. BLAKE CONST., 655 S.E.2d 10 (Va. 2008).
· cites it 16× “11 payment did not represent the full amount due under the June 27, 2005 order, UOSA filed in the circuit court a motion for satisfaction of the judgment pursuant to Code § 8.01-455. In supporting memoranda, UOSA contended that the amount of pre-judgment interest on the…”
Leasing Serv. Corp. v. Just., 416 S.E.2d 439 (Va. 1992).
· cites it 12× “In this case, we construe Code § 8.01-455 in deciding whether a trial court correctly ordered a judgment creditor’s recorded judgment marked “satisfied in bankruptcy.”
Polytechnic Inst. v. Interactive Return Serv., Inc., 626 S.E.2d 436 (Va. 2006).
· cites it 2× “Pursuant to Code § 8.01-455, Virginia Tech and VTIP subsequently filed a motion in the circuit court applying to have Interactive Service's breach of contract judgment against them marked satisfied.”
In Re Chen, 351 B.R. 355 (Bankr. E.D. Va. 2006).
· cites it 5× “01-454 nor § 8.01-455 condition the creditor’s obligation on the payment of any fee or cost by the debtor.”
Groh v. B. F. Saul Real Est. Inv. Trust, 294 S.E.2d 859 (Va. 1982).
· cites it 6× “Pursuant to Code § 8.01-455, 3 the Grohs filed the present proceeding, a motion to have the judgment marked satisfied.”
In Re Woolard, 190 B.R. 70 (Bankr. E.D. Va. 1995).
“If the judgment has been docketed, § 8.01-455, Code of Va. (1950, as amended) provides a summary procedure whereby a judgment debtor, on motion and 10 days notice to the judgment creditor, may have the judgment marked "discharged in bankruptcy” if it is "shown to have been so…”
Payne v. Crossroads of Hillsville (In re Payne), 179 B.R. 480 (Bankr. W.D. Va. 1994).
· cites it 3× “See Va.Code § 8.01-455. Accordingly, under present Rules and Code provisions, it is unnecessary for debtors to litigate equity injunction proceedings as in Seaboard to effect their rightful remedies.”
Michael Brown v. Timothy L. Kirkpatrick (Va. Ct. App. 2023).
· cites it 16× “Upon appellee’s motion, pursuant to Code § 8.01-455, the Circuit Court for the City of Newport News (the “trial court”) ordered the judgment to be marked satisfied.”
Johnson v. Cadles of Grassy Meadows, II, LLC (In Re Johnson), 466 B.R. 67 (Bankr. E.D. Va. 2012).
· cites it 19× “See Va.Code (1950) § 8.01-455. This notation gives a credit bureau or title examiner notice that the judgment has been discharged as the personal liability of the debtor but that it remains a lien on any real property within that jurisdiction to the extent that the lien existed…”
Michael Brown v. Timothy L. Kirkpatrick (Va. Ct. App. 2023).
· cites it 10× “Following Brown’s refusal, Kirkpatrick filed a motion under Code § 8.01-455 requesting that the circuit court enter an order marking the judgment as satisfied.”
Michael Brown v. Timothy L. Kirkpatrick (Va. Ct. App. 2023).
· cites it 10× “Following Brown’s refusal, Kirkpatrick filed a motion under Code § 8.01-455 requesting that the circuit court enter an order marking the judgment as satisfied.”
— Va. Code Ann. § 8.01-455(A) — 2 cases
In Re Chen, 351 B.R. 355 (Bankr. E.D. Va. 2006).
“01-454 nor § 8.01-455 condition the creditor’s obligation on the payment of any fee or cost by the debtor.”
Leasing Serv. Corp. v. Just., 416 S.E.2d 439 (Va. 1992).
“In this case, we construe Code § 8.01-455 in deciding whether a trial court correctly ordered a judgment creditor’s recorded judgment marked “satisfied in bankruptcy.”
— Va. Code Ann. § 8.01-455(B) — 1 case
In Re Chen, 351 B.R. 355 (Bankr. E.D. Va. 2006).
“01-454 nor § 8.01-455 condition the creditor’s obligation on the payment of any fee or cost by the debtor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.