No judgment shall be rendered upon, or by virtue of, any instrument in writing authorizing the acceptance of service of process by another on behalf of any person who is obligated upon such instrument, when such service is accepted as therein authorized, unless the person accepting service shall have made and filed with the court an affidavit showing that he mailed or caused to be mailed to the defendant at his last known post-office address at least ten days before such judgment is to be rendered a notice stating the time when and place where the entry of such judgment would be requested.
§ 8.01-315.Notice to be mailed defendant when service accepted by another.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-315 bars a court from rendering judgment on an instrument that authorized someone else to accept service on the obligor's behalf unless the person who accepted service files an affidavit showing he mailed the defendant, at least ten days before judgment, notice of when and where entry of judgment would be requested.
Full Text of § 8.01-315
Plain-English Summary
Some written instruments — notes and similar obligations — include a clause authorizing a third party to accept service of process on behalf of the person obligated under them. Section 8.01-315 makes sure that convenience does not leave the obligor in the dark about a judgment being entered against him. No judgment may be rendered on such an instrument, when service is accepted as the instrument authorizes, unless the person who accepted service has made and filed an affidavit with the court.
That affidavit must show that he mailed, or caused to be mailed, to the defendant at his last known post-office address, at least ten days before the judgment is to be rendered, a notice stating the time and place where entry of the judgment would be requested. Without that affidavit on file, the judgment cannot be entered at all.
Frequently Asked Questions
What kind of instrument does this section address?
A written instrument authorizing acceptance of service of process by another person on behalf of someone obligated under it.
What must the person who accepted service do before judgment can be entered?
File an affidavit showing he mailed the defendant, at least ten days beforehand, notice of the time and place judgment would be requested.
What must the mailed notice say?
The time when and place where entry of the judgment would be requested.
Where must the notice be mailed?
To the defendant's last known post-office address.
What happens if no such affidavit is filed?
The section states that no judgment shall be rendered upon the instrument absent that affidavit.
Amendment History
Code 1950, § 8-70; 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: cognovit note notice virginia8.01-315 notice before default judgmentacceptance of service by another person virginiaconfession of judgment notice requirement virginia