§ 8.01-451.Judgments to be docketed and indexed in new names of judgment debtors; how execution may thereafter issue.
Chapter 17. Judgments and Decrees Generally · Article 5. Keeping of Docket Books; Execution Thereon; Disposal of Exhibits · Last amended 1998 · Last verified July 16, 2026
Full Text of § 8.01-451
Plain-English Summary
A judgment indexed under a debtor’s old name loses some of its bite if the debtor later changes names — searches under the new name would miss it. Section 8.01-451 keeps that from happening. When a docketed and indexed judgment debtor changes his name, whether through marriage, court order, voluntary assumption, or otherwise, the clerk of the court that rendered the judgment dockets and indexes it under the new name too, once satisfactory proof of the change is presented.
Once that second entry is made, execution is not locked into one name or the other. It may issue against the judgment debtor under the prior name, the new name, or both, giving the creditor flexibility regardless of which name the debtor is currently using or which name shows up on his assets.
Proof of the new name does not require a court proceeding of its own — the clerk may accept a form similar to the certificate set out in § 8.01-446.1 as satisfactory proof. And the section reaches backward as well as forward: it applies to judgments obtained before its enactment just as much as those obtained afterward.
Frequently Asked Questions
What triggers re-docketing a judgment under a new name?
The judgment debtor acquiring a new name, whether by marriage, court order, voluntary assumption of a new name, or otherwise.
Under which name can execution issue after the judgment is docketed in the new name?
The prior name, the new name, or both.
What proof does a clerk need before docketing a judgment under a debtor’s new name?
Satisfactory proof that the judgment debtor has acquired a new name, which can take the form of a document similar to the one described in § 8.01-446.1.
Does this section apply to judgments obtained before the section was enacted?
Yes, the section states it applies to all judgments obtained prior or subsequent to its enactment.
Who can submit the form proving the debtor’s name change?
Any party interested in the judgment, or his duly authorized attorney or agent.
Amendment History
Code 1950, § 8-378.1; 1950, p. 440; 1977, c. 617; 1998, c. 639.