§ 8.01-28.When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath.

Section 8.01-28 lets a plaintiff win judgment in certain money cases without putting on evidence at trial. It reaches an action at law on a note or contract, express or implied, for the payment of money, and it reaches an unlawful detainer action under Section 55.1-1245 or Section 55.1-1415 seeking payment of money, possession of the premises, or both. The plaintiff must file, with the motion for judgment or civil warrant, an affidavit — made personally or by an agent — stating the amount believed due, that the amount is justly due, and the date from which interest is claimed. A copy of that affidavit, along with any account filed with the motion or warrant, and, in unlawful detainer cases, proof that the required notices were served, must be served on the defendant at the same time as the motion or warrant.

Once those papers are served, the plaintiff is entitled to judgment on the affidavit and statement of account without presenting further evidence — unless the defendant appears and pleads under oath, or files a sworn affidavit or responsive pleading before the return date denying that the plaintiff is entitled to recover. In general district court, that denial does not need to be in writing. Either side can obtain a continuance once the defendant appears and pleads.

If the defendant’s pleading or affidavit admits owing a specific amount less than the plaintiff claims, the plaintiff can take judgment for that admitted amount right away, and the case goes to trial only on the remaining disputed balance. And if the plaintiff’s own affidavit turns out to be defective, the remedy is a continuance to fix it, not dismissal of the claim.