§ 8.01-433.1.Notice of confession of judgment provision.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1992 · Last verified July 16, 2026
Full Text of § 8.01-433.1
Plain-English Summary
A confession-of-judgment clause is easy to bury in the fine print of a loan document, and a debtor who signs without noticing it has given up the right to a hearing before a creditor can get a judgment against him. Section 8.01-433.1 forces that trade-off into the open. Any note, bond, or other evidence of debt that contains a confession-of-judgment clause must display a warning printed in boldface type of at least eight points.
The statute spells out the exact wording required: a heading reading “IMPORTANT NOTICE,” followed by a statement that the instrument contains a confession-of-judgment provision that waives important debtor rights and lets the creditor obtain judgment without further notice. Skip the notice, and no judgment can be confessed on that clause at all.
The requirement is not retroactive. It reaches only notes, bonds, or other evidences of debt containing confession-of-judgment provisions entered into after January 1, 1993, so older instruments predating the requirement are unaffected by it.
Frequently Asked Questions
What warning must appear on a note or bond containing a confession-of-judgment clause?
A statement in boldface print of at least eight-point type, headed “IMPORTANT NOTICE,” stating that the instrument contains a confession-of-judgment provision that waives important debtor rights and allows the creditor to obtain judgment without further notice.
Does this notice requirement apply to older loan documents?
No. It applies only to notes, bonds, or other evidences of debt containing confession-of-judgment provisions entered into after January 1, 1993.
What happens if the required notice is missing from the instrument?
The section bars confessing judgment on a confession-of-judgment provision that lacks the required boldface notice on its face.
How large must the warning text be?
It must be printed in boldface type of not less than eight-point type.
Where must the notice appear on the instrument?
On its face, as a statement typed in the boldface print the section describes.
Amendment History
1992, c. 396.