§ 8.01-438.When judgment confessed by attorney-in-fact copy to be served on judgment debtor.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1988 · Last verified July 16, 2026
In one sentenceWhen an attorney-in-fact confesses judgment on a debtor’s behalf, the clerk must serve him a certified copy of the order plus notice of his § 8.01-433 right to move to set it aside, within ten days, and failing to serve him within sixty days voids the judgment as to him.
Full Text of § 8.01-438
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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.
Plain-English Summary
A confession made by an attorney-in-fact rather than the debtor himself raises an obvious concern: does the debtor even know a judgment now exists against him? Section 8.01-438 answers that with a mandatory notice chain. Within ten days of the entry, the clerk must have a certified copy of the confession order served on the judgment debtor, with a notice attached explaining the debtor’s right under § 8.01-433 to move to set the judgment aside.
The officer who carries out that service must return proof of it to the clerk within ten days after serving it, and the clerk must promptly file that return with the case papers. The stakes for missing the deadline are severe: if the debtor is not served within sixty days of the order’s entry, the judgment becomes void as to any debtor who was not served.
Nonresident debtors get an alternate path to satisfy the service requirement — an officer in the county or city where the nonresident lives can serve the copy, or the clerk can mail it by registered or certified mail to the debtor’s last known post-office address, with a certificate or return receipt filed with the case papers standing in as proof of service.
Frequently Asked Questions
How quickly must the clerk serve the judgment debtor when an attorney-in-fact confessed the judgment?
Within ten days from the entry of the order, the clerk must cause a certified copy of it to be served on the judgment debtor.
What must accompany the served copy of the order?
A notice setting forth the provisions of § 8.01-433, informing the debtor of the right to move to set the judgment aside.
What happens if the debtor is never served?
Failure to serve a copy of the order within sixty days from its entry renders the judgment void as to any debtor not so served.
How is a nonresident judgment debtor served under this section?
Either by an officer of the county or city of his residence, or by the clerk mailing a copy by registered or certified mail to his last known post-office address, with proof filed among the case papers.
How long does the serving officer have to make a return of service to the clerk?
Ten days after the service is made.
Amendment History
Code 1950, § 8-362; 1972, c. 611; 1976, c. 617; 1988, c. 420.
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
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