§ 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
Full Text of § 8.01-434
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.