Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen an attorney-in-fact presents the required power of attorney, or the debtor appears wanting to confess judgment, the clerk drafts a statutory-form confession stating the amount owed, interest from a stated date, costs, and, where the note allows it, collection fees and a homestead exemption waiver.
Full Text of § 8.01-436
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On the presentation of any such power of attorney as is mentioned in § 8.01-435 by any of the persons therein named as attorney-in-fact, or on the personal appearance of the debtor and the expression by him of his desire to confess such judgment, the clerk of the court mentioned in such power of attorney, or before whom such debtor shall so appear, shall draw and require the attorney-in-fact so appearing, or the debtor, as the case may be, to sign a confession of judgment, which shall be in form substantially as follows:
"Virginia: In the clerk's office of the __________ court of the __________ of __________, I, (or we) A.B., (or A.B. and C.D., etc.) hereby acknowledged myself (or ourselves) to be justly indebted to, and do hereby confess judgment in favor of (name of creditor) in the sum of __________ dollars ($_____) with interest thereon from the __________ day of __________, two thousand __________, until paid, and the cost of this proceeding (including the attorney's fees and collection fees provided for in the instrument on which the proceeding is based) hereby waiving the benefit of my (or our) homestead exemptions as to the same, provided the instrument on which the proceeding is based carries such homestead waiver.
Given under my (or our) hand, this __________ day of __________, two thousand and __________
(Signatures)
or, if by an attorney-in-fact, signatures and seals of debtors,
By ____________________
his (or their) attorney-in-fact."
Plain-English Summary
Section 8.01-436 supplies the script clerks follow when someone shows up ready to confess judgment. Once the attorney-in-fact presents the power of attorney described in § 8.01-435, or the debtor personally appears and says he wants to confess judgment, the clerk draws up a confession and has the appropriate person sign it.
The statute sets out the wording in full: an acknowledgment that the signer is justly indebted, a confession of judgment in favor of the named creditor for a stated dollar amount, interest running from a specified date until paid, and the costs of the proceeding — including attorney’s fees and collection fees the underlying note or bond allows. Where the instrument carries a homestead exemption waiver, the confession also waives that exemption.
The form closes with the date and the signatures — the debtor’s own signature, or, if an attorney-in-fact is confessing on the debtor’s behalf, the signatures and seals of the debtors followed by the attorney-in-fact’s signature identifying his representative capacity.
Frequently Asked Questions
What triggers the clerk to draw up a confession of judgment?
Either the presentation of the power of attorney described in § 8.01-435 by the named attorney-in-fact, or the personal appearance of the debtor expressing a desire to confess judgment.
What must the confession-of-judgment form state about interest?
It must state the sum owed with interest running from a specified date until paid.
Does the statutory form include a waiver of homestead exemption?
Yes, but only where the instrument on which the proceeding is based carries such a homestead waiver.
Are attorney’s fees and collection fees included in the confessed amount?
Yes, where the instrument on which the proceeding is based provides for them, the form includes the cost of the proceeding including those fees.
Who signs the confession when an attorney-in-fact is confessing on the debtor’s behalf?
The debtors’ signatures and seals appear, followed by the attorney-in-fact’s signature identifying himself as their attorney-in-fact.
Amendment History
Code 1950, § 8-360; 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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