Such confession and clerk's certificate, together with the power of attorney if the confession be by an attorney-in- fact, and the note, bond or other obligation, if there be such, on which the judgment is based, shall be securely attached together by the clerk and filed by him among the records in his office.
§ 8.01-439.Filing of records by clerk.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe clerk must securely attach together and file among his office records the confession, his certificate, the power of attorney if an attorney-in-fact made the confession, and the underlying note, bond, or obligation the judgment is based on.
Full Text of § 8.01-439
Plain-English Summary
Section 8.01-439 is the housekeeping rule that ties every confession-of-judgment paper trail together in one place. Once a judgment has been confessed, the clerk must physically attach the confession itself, his certificate under § 8.01-437, the power of attorney if an attorney-in-fact handled the confession, and the underlying note, bond, or other obligation the judgment rests on.
Attaching these documents together and filing them among the clerk’s office records means anyone later checking the file — the debtor contesting the judgment, an assignee verifying the debt, or a court reviewing a motion under § 8.01-433 — finds the complete package in one spot rather than scattered across separate filings.
Frequently Asked Questions
What documents must the clerk file together after a judgment is confessed?
The confession, the clerk’s certificate, the power of attorney if the confession was by an attorney-in-fact, and the note, bond, or other obligation the judgment is based on.
Must these documents be physically attached to each other?
Yes, the section requires the clerk to securely attach them together before filing.
Is the power of attorney always part of this filing?
Only when the confession was made by an attorney-in-fact rather than the debtor himself.
Where does the clerk file this attached package?
Among the records in his office.
Why does the underlying note or bond get filed with the confession?
Because it is the obligation on which the judgment is based, and the section requires it be filed when one exists.
Amendment History
Code 1950, § 8-363; 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
Also known as: confession of judgment records filing virginia8.01-439 clerk file confessiondocuments attached confessed judgment virginiapower of attorney filed with confession of judgmentclerk office confession judgment file requirements