In an action or motion, founded on contract, against two or more defendants, although the plaintiff may be barred as to one or more of them, yet he may have judgment against any other or others of the defendants, against whom he is not so barred.
§ 8.01-442.In joint actions on contract plaintiff, though barred as to some, may have judgment against others.
Chapter 17. Judgments and Decrees Generally · Article 3. When There Are Several Defendants · Last amended 1977 · Last verified July 16, 2026
In one sentenceIn a contract action or motion against two or more defendants, a plaintiff who is barred from recovering against one or more of them can still obtain judgment against any of the other defendants against whom he is not barred.
Full Text of § 8.01-442
Plain-English Summary
Under older joint-obligation thinking, a defense good against one defendant in a joint contract claim could sink the whole case against every co-defendant. Section 8.01-442 breaks that link. When a plaintiff sues two or more defendants together on a contract, and something bars recovery as to one or more of them — a personal defense, a discharge, or a limitations problem specific to that defendant — the plaintiff is not shut out from the others.
The plaintiff may still obtain judgment against whichever defendants are not subject to that bar. Each defendant’s exposure turns on defenses that apply to him individually, rather than on whether some other co-defendant happens to have a winning defense of his own.
Frequently Asked Questions
Does a defense good against one defendant in a joint contract suit defeat the plaintiff’s claim against the other defendants?
No. Section 8.01-442 lets the plaintiff obtain judgment against defendants not subject to that bar, even though he is barred as to one or more others.
What kind of action does this section apply to?
An action or motion founded on contract, brought against two or more defendants.
Can the plaintiff still recover from the defendant who has a valid bar?
No, the section preserves the bar as to the defendant it applies to — it only frees the plaintiff to pursue the others.
Must all defendants share the same defenses for this section to matter?
No, the section exists precisely because defendants may have different, individual bars, and each defendant’s liability is assessed on his own footing.
Does this section apply outside contract cases?
By its terms, it applies to actions or motions founded on contract.
Amendment History
Code 1950, § 8-367; 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: joint contract defendants virginia judgment8.01-442 barred as to one defendantsuing multiple defendants on contract virginiapartial bar joint defendants virginiajudgment against some but not all defendants virginia