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§ 8.01-434.Lien of such judgments.

Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 2014 · Last verified July 16, 2026

In one sentenceA judgment confessed under § 8.01-432 becomes a lien once the clerk records it on the judgment lien docket, but for a personal, family, or household debt, the lien and any execution against personal property are suspended until the twenty-one day period under § 8.01-433 runs or the court rules.

Full Text of § 8.01-434

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The clerk shall record in the proper book any judgment confessed under the provisions of § 8.01-432 and the day and hour when the same was confessed, and the lien thereof shall attach and be binding from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city in which land of the defendant lies. If the credit was extended for personal, family or household purposes, the judgment shall not be a lien against the real estate of the obligor or the basis of obtaining execution against his personal property until the expiration of the 21-day period allowed the judgment debtor as set forth in § 8.01-433. In the event the judgment debtor files a motion or other pleading within such 21-day period, the judgment shall not be a lien against such real estate or its basis of execution against personal property until an order to that effect is entered by the court. It will be presumed that the obligation is for personal, family or household purposes if the debtor is a natural person, unless the plaintiff or someone on his behalf makes oath or makes out and files an affidavit that the obligation was not for such purposes, or the obligation for which judgment is confessed recites that it is for other purposes.

Plain-English Summary

Section 8.01-434 tells the clerk to record every judgment confessed under § 8.01-432, along with the exact day and hour it was confessed, and it fixes the ordinary rule for when the lien takes hold: from the moment that judgment lands on the judgment lien docket for the county or city where the defendant’s land sits.

Consumer debt gets a delay built in. If the credit behind the judgment was extended for personal, family, or household purposes, the lien does not reach the debtor’s real estate, and the creditor cannot execute against personal property, until the twenty-one day window § 8.01-433 gives the debtor to move to set the judgment aside has expired. File a motion within that window, and the pause extends further — no lien and no execution until the court enters an order resolving it.

Because consumer status decides whether that delay applies, the section supplies a presumption to avoid disputes at the outset: if the debtor is a natural person, the obligation is presumed to be for personal, family, or household purposes. A creditor can rebut that presumption by swearing an oath or filing an affidavit that the debt was not for such purposes, or by pointing to language in the underlying obligation itself reciting a different purpose.

Frequently Asked Questions

When does the lien of a judgment confessed under § 8.01-432 attach?

From the time the judgment is recorded on the judgment lien docket of the clerk’s office in the county or city where the defendant’s land lies.

Does the lien attach immediately for a consumer debt?

No. If the credit was extended for personal, family, or household purposes, the judgment is not a lien on real estate or a basis for executing against personal property until the twenty-one day period allowed under § 8.01-433 expires.

What happens if the debtor files a motion within that twenty-one day period?

The lien and the basis for execution against personal property remain suspended until the court enters an order on the motion.

Is a debtor’s obligation presumed to be a consumer debt?

Yes, if the debtor is a natural person, unless the plaintiff swears an oath or files an affidavit that the obligation was not for personal, family, or household purposes, or the obligation itself recites another purpose.

What must the clerk record when a judgment is confessed under § 8.01-432?

The judgment along with the day and hour at which it was confessed, in the proper docket book.

Amendment History

Code 1950, § 8-358; 1962, c. 388; 1970, c. 395; 1977, c. 617; 1986, c. 523; 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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