§ 8.01-437.Endorsement of clerk thereon.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-437
Plain-English Summary
A confessed judgment needs an official record of exactly when and where it happened, and Section 8.01-437 supplies the clerk’s part of that record. Once the judgment is confessed, the clerk endorses upon it, or attaches to it, a certificate confirming the confession took place before him in his office.
The statute provides the wording: the certificate identifies the clerk’s court and locality, states the day the confession occurred, the hour down to a.m. or p.m., and confirms the judgment has been entered of record in a specific common-law order book, at a specific page. A “Teste” line and the clerk’s signature close it out.
That certificate becomes the documentary anchor for everything downstream — it is what the clerk files with the other papers under § 8.01-439, and it is what proves, if the confession is ever questioned, exactly when the judgment came into existence.
Frequently Asked Questions
What must the clerk do after a judgment is confessed?
Endorse upon the confession, or attach to it, a certificate in the statutory form set out in § 8.01-437.
What information does the clerk’s certificate contain?
The date and hour the judgment was confessed and the common-law order book number and page where it has been entered of record.
Does the certificate need to state the time down to the hour?
Yes, the form specifies the hour and whether it was a.m. or p.m.
Can the certificate be a separate document, or must it be written on the confession itself?
Either. The section allows the clerk to endorse the certificate directly upon the confession or attach it as a separate document.
Who signs the clerk’s certificate?
The clerk, under the “Teste” line in the statutory form.
Amendment History
Code 1950, § 8-361; 1977, c. 617.