§ 8.01-433.Setting aside judgments confessed under § 8.01-432.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
In one sentenceA debtor who has had judgment confessed against him under § 8.01-432 can move within twenty-one days after notice to set it aside or reduce it on any ground that would have been a valid defense in a suit on the note, and a successful motion puts the case on the trial docket as an ordinary lawsuit.
Full Text of § 8.01-433
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Any judgment confessed under the provisions of § 8.01-432 may be set aside or reduced upon motion of the judgment debtor made within twenty-one days following notice to him that such judgment has been entered against him, and after twenty-one days notice to the judgment creditor or creditors for whom the judgment was confessed, on any ground which would have been an adequate defense or setoff in an action at law instituted upon the judgment creditor's note, bond or other evidence of debt upon which such judgment was confessed. Whenever any such judgment is set aside or modified the case shall be placed on the trial docket of the court, and the proceedings thereon shall thereafter be the same as if an action at law had been instituted upon the bond, note or other evidence
of debt upon which judgment was confessed. After such case is so docketed the court shall make such order as to the pleadings, future proceedings and costs as to the court may seem just.
Plain-English Summary
Confession of judgment lets a creditor obtain a binding judgment without a hearing, which is efficient but one-sided — the debtor never got to raise a defense. Section 8.01-433 is the safety valve. Within twenty-one days after receiving notice that judgment has been confessed against him, the debtor can move to set it aside or reduce it, and the creditor gets notice of that motion too.
The grounds available are not open-ended. The debtor can raise anything that would have been an adequate defense or setoff had the creditor instead filed an ordinary lawsuit on the note, bond, or other evidence of debt — payment already made, a dispute over the amount owed, or a defect in the underlying obligation all qualify.
If the court sets the judgment aside or modifies it, the case does not vanish. It goes onto the trial docket, and from that point forward the proceedings run exactly as if the creditor had filed suit on the note or bond in the first place, with the court free to enter whatever orders it thinks appropriate regarding pleadings, further proceedings, and costs.
Frequently Asked Questions
How long does a debtor have to move to set aside a judgment confessed under § 8.01-432?
Twenty-one days following notice that the judgment has been entered against him.
What grounds can a debtor raise to set aside or reduce a confessed judgment?
Any ground that would have been an adequate defense or setoff in a lawsuit on the note, bond, or other evidence of debt the judgment was confessed on.
Does the judgment creditor get notice of the debtor’s motion?
Yes. The section requires notice to the judgment creditor or creditors for whom the judgment was confessed.
What happens to the case once a confessed judgment is set aside or modified?
It is placed on the trial docket, and the proceedings continue as if an action at law had been filed on the underlying note or bond.
Who decides how pleadings and costs are handled once the case is docketed for trial?
The court, which may make such orders regarding pleadings, future proceedings, and costs as it deems just.
Amendment History
Code 1950, § 8-357; 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
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