The clerk shall forthwith docket such judgment in the current judgment lien docket in his office and shall issue execution thereon as he may be directed by the creditor therein named, or his assigns, in the manner prescribed by law.
§ 8.01-440.Docketing and execution.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe clerk must promptly docket a confessed judgment in the current judgment lien docket and issue execution on it as the creditor or the creditor’s assignee directs, following the manner prescribed by law.
Full Text of § 8.01-440
Plain-English Summary
A confessed judgment does no good sitting in a file — it needs to reach the judgment lien docket to bind real estate, and it needs execution to reach personal property. Section 8.01-440 puts both duties on the clerk. As soon as a judgment is confessed, the clerk dockets it forthwith in the current judgment lien docket kept in his office.
From there, the clerk issues execution on the judgment whenever the creditor named in it — or that creditor’s assignee — directs him to, following the manner the law prescribes for executions generally. That keeps the mechanics of enforcing a confessed judgment lined up with how any other judgment gets enforced, once it is on the books.
Frequently Asked Questions
How quickly must the clerk docket a confessed judgment?
Forthwith, in the current judgment lien docket kept in his office.
Who can direct the clerk to issue execution on a confessed judgment?
The creditor named in the judgment or his assigns.
Does execution on a confessed judgment follow special rules different from other judgments?
No. The section directs the clerk to issue execution in the manner prescribed by law generally.
Where does the clerk docket a confessed judgment?
In the current judgment lien docket in his office.
Can an assignee of the judgment direct execution instead of the original creditor?
Yes, the section allows either the creditor named in the judgment or his assigns to direct execution.
Amendment History
Code 1950, § 8-364; 1977, c. 617.
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: docketing confessed judgment virginia8.01-440 execution on confessed judgmentissuing execution confessed judgment virginiajudgment lien docket confession of judgmentassignee execution confessed judgment virginia