In any suit a defendant may, whether the suit is on the court docket or not, confess a judgment in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for. The same shall be entered of record by the clerk in the order book and be as final and as valid as if entered in court on the day of such confession. The clerk shall record such judgment or decree and the date and time of the day at which the same was confessed. The lien of such judgment or decree shall run from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city in which land of the defendant lies.
§ 8.01-431.Judgment or decree by confession in pending suit.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 2014 · Last verified July 16, 2026
In one sentenceIn a suit already filed, a defendant can confess judgment for the amount the plaintiff will accept by going to the clerk’s office rather than open court, and the clerk’s entry is as final as a judgment entered by the judge, with the lien starting when the judgment reaches the judgment lien docket.
Full Text of § 8.01-431
Plain-English Summary
Ordinarily a judgment in a pending suit comes from the judge in open court. Section 8.01-431 gives a defendant a shortcut: walk into the clerk’s office — whether or not the case is currently on the court docket — and confess judgment for whatever amount of principal and interest the plaintiff is willing to accept. No hearing and no judge are required.
The clerk records the confession in the order book, along with the date and time, and that entry counts as final and valid as if the court itself had entered it that day. That matters for creditors who want to skip a contested trial once a debtor is ready to concede owing money, saving both sides the time and expense of litigating to a full judgment.
Because a judgment is only as useful as the lien it produces, the section pins down when the lien starts: not when the debt was confessed, but when the clerk records the judgment on the judgment lien docket of the county or city where the defendant’s land lies. That is the moment the judgment starts reaching the defendant’s real estate.
Frequently Asked Questions
Can a defendant confess judgment in a suit that has not yet reached the court’s docket?
Yes. Section 8.01-431 allows confession in the clerk’s office whether or not the suit is on the court docket, for whatever amount of principal and interest the plaintiff is willing to accept.
Does a judgment confessed in the clerk’s office carry the same weight as one entered by a judge?
Yes. The section makes the clerk’s entry as final and as valid as if it had been entered in court on the day of the confession.
What does the clerk record when a judgment is confessed?
The clerk records the judgment or decree along with the date and time of day at which it was confessed.
When does the lien of a confessed judgment attach to the defendant’s land?
The lien runs from the time the judgment is recorded on the judgment lien docket of the clerk’s office in the county or city where the defendant’s land lies.
Is a court hearing required to confess judgment under this section?
No. The confession takes place in the clerk’s office rather than in open court, without a judge presiding.
Amendment History
Code 1955, § 8-355; 1962, c. 388; 1977, c. 617; 2012, c. 802; 2014, c. 330.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia confession of judgment in pending suit8.01-431 confess judgment clerk officeconfessing judgment without going to court virginiajudgment lien from confessed judgment virginiaclerk office judgment confession virginia civil procedure