At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in the Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
1988, c. 539.
Notes of Decisions
Mead v. United States (In Re Mead), 374 B.R. 296 (Bankr. M.D. Fla. 2007).
· cites it 2× “Initially, Plaintiff notes that the documents recorded do not evidence compliance with Va.Code § 8.01-465.3. 14 Plaintiff asserts that each defen *307 dant claiming a lien should be required to come forth with proof of mailing.”
Empire Beauty Sch. v. Bell, 58 Va. Cir. 32 (2001).
· cites it 3× “See Va. Code § 8.01-465.3. The Act contains no separate provision for challenging the foreign judgment being domesticated, stating only that “[a] judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or…”
Leasecomm Corp. v. Prod. Grp., 46 Va. Cir. 135 (Fairfax Cir. Ct. 1998).
· cites it 3× “Fernando received notice of that filing by certified mail from both the Clerk and plaintiffs counsel, as required by Va. Code § 8.01-465.3. The trial court thereafter retained jurisdiction for twenty-one days following the creation of this judgment to vacate it or set it aside.”
Johnson v. Niemela, 58 Va. Cir. 199 (2002).
· cites it 2× “See Code of Virginia § 8.01-465.3. Under a domestication proceeding, the parties are bound by all of the normal civil procedure rules that pertain to an action filed in a circuit court.”
Jackson v. Chong Im Kim, 40 Va. Cir. 440 (Fairfax Cir. Ct. 1996).
· cites it 2× “Kim received notice of that filing by certified mail from both the Clerk and plaintiff’s counsel as required by § 8.01-465.3 of the' Code of Virginia. The trial court thereafter retained jurisdiction for twenty-one days following the creation of this judgment to vacate it or set…”
McLeod, Alexander, Powel & Apffel, P.C. v. Quarles, 31 Va. Cir. 513 (Charlottesville Cir. Ct. 1992).
· cites it 4× “Quarles, III, in the United States District Court of the Southern District of Texas, Galveston Division, was filed in this court pursuant to Va. Code § 8.01-465.3. The Clerk of this Court sent Notice of this filing to Mr.”
Gosp v. McAuliffe, 77 Va. Cir. 203 (Fairfax Cir. Ct. 2008).
· cites it 2× “Virginia Code § 8.01-465.3. There is no separate provision or mechanism for challenging the foreign judgment being docketed.”
Hayes v. Hayes, 42 Va. Cir. 223 (Fairfax Cir. Ct. 1997).
· cites it 2× “On December 21, 1994, pursuant to Virginia Code § 8.01-465.3, the Florida judgment was filed in this Court.”
Usdin v. Boscarino, 61 Va. Cir. 264 (2003).
“2, and notice was given, § 8.01-465.3, the judgment became a domestic judgment.”
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