A. A defendant in any judgment, his heirs or personal representatives, may, on motion, after ten days' notice thereof to the plaintiff in such judgment, or his assignee, or if he be dead, to his personal representative, or if he be a nonresident, to his attorney, if he have one, apply to the court in which the judgment was rendered, to have the same marked satisfied, and upon proof that the judgment has been paid off or discharged, such court shall order such satisfaction to be recorded in the judgment docket book together with a separate instrument or order discharging the judgment and referencing the judgment docket book and page where the original judgment was entered, and a certificate of such order to be made to the clerk of the court in which such judgment is required by § 8.01-446 to be docketed, and the clerk of such court shall immediately, upon the receipt of such certificate, enter the same in the judgment docket book where such judgment is docketed. If the plaintiff be a nonresident and have no attorney of record residing in this Commonwealth, the notice may be published and posted as an order of publication is required to be published and posted under §§ 8.01-316 and 8.01-317. Upon a like motion and similar proceeding, the court may order that a separate instrument or order be recorded to reflect that a judgment has been "discharged in bankruptcy" for any judgment that may be shown to have been so discharged.
§ 8.01-455.Court, on motion of defendant, etc., may have payment of judgment entered.
Chapter 17. Judgments and Decrees Generally · Article 6. Satisfaction · Last amended 2014 · Last verified July 16, 2026
In one sentenceA judgment defendant, his heirs, or his personal representatives can move the court, after ten days’ notice to the plaintiff or his assignee or representative, to have the judgment marked satisfied on proof it has been paid or discharged — including discharge in bankruptcy — with costs, including reasonable attorney fees, potentially assessed against the plaintiff.
Full Text of § 8.01-455
B. The cost of such proceedings, including reasonable attorney fees, may be ordered to be paid by the plaintiff.
Plain-English Summary
Section 8.01-455 gives the debtor side a direct route to court when a creditor will not cooperate in marking a judgment paid. After ten days’ notice to the plaintiff, or to his assignee, personal representative, or attorney if the plaintiff is a nonresident, the defendant, his heirs, or his personal representative can move the court that rendered the judgment to have it marked satisfied.
Proof that the judgment has been paid off or discharged is enough for the court to order the satisfaction recorded, along with a separate instrument or order referencing the original judgment docket book and page, and a certificate sent to any other clerk’s office where § 8.01-446 requires the judgment to be docketed. If the plaintiff is a nonresident with no local attorney of record, notice can be published and posted the way an order of publication is under §§ 8.01-316 and 8.01-317.
The same motion and notice process works for a related situation — recording that a judgment has been “discharged in bankruptcy” once that discharge is shown. And the court is not limited to just fixing the record: it may order the plaintiff to pay the cost of the proceeding, including reasonable attorney fees.
Frequently Asked Questions
Who can move the court to have a judgment marked satisfied under this section?
A defendant in the judgment, or his heirs or personal representatives.
How much notice must be given to the plaintiff before this motion is heard?
Ten days’ notice, given to the plaintiff, his assignee, his personal representative if he is dead, or his attorney if he is a nonresident.
What must the defendant prove to get the judgment marked satisfied?
That the judgment has been paid off or discharged.
Can this process be used to record that a judgment was discharged in bankruptcy?
Yes, on a like motion and similar proceeding, the court may order a separate instrument or order recorded reflecting that the judgment was discharged in bankruptcy.
Can the plaintiff be ordered to pay the defendant’s costs for this motion?
Yes, the cost of the proceedings, including reasonable attorney fees, may be ordered paid by the plaintiff.
Amendment History
Code 1950, § 8-383; 1977, c. 617; 2014, c. 330.
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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