No judgment confessed in the office of the clerk of any circuit court in this Commonwealth, by virtue of a power of attorney, shall be valid, unless such power of attorney be in conformity with the provisions of this article.
§ 8.01-441.When judgment confessed by virtue of power of attorney invalid.
Chapter 17. Judgments and Decrees Generally · Article 2. Judgments by Confession · Last amended 1977 · Last verified July 16, 2026
In one sentenceA judgment confessed in a Virginia circuit court clerk’s office by virtue of a power of attorney is invalid unless that power of attorney conforms to every requirement the confession-of-judgment article sets out.
Full Text of § 8.01-441
Plain-English Summary
Section 8.01-441 is the enforcement mechanism behind the article’s power-of-attorney rules. It does not add any new requirement of its own — it takes every requirement scattered through §§ 8.01-435 through 8.01-440 governing how a power of attorney must be executed, named, acknowledged, and used, and makes conformity with all of it a condition of validity.
Fall short on any of those requirements — an unacknowledged power of attorney that should have been acknowledged, one that fails to name the attorney-in-fact or the clerk’s office, or a substitute attorney-in-fact appointed without following the recording and notice steps — and the resulting judgment is not merely voidable. The section declares it invalid outright.
Frequently Asked Questions
What makes a judgment confessed by an attorney-in-fact invalid under this section?
The judgment is invalid if the power of attorney under which it was confessed does not conform to the provisions of the confession-of-judgment article.
Does this section apply to judgments confessed by the debtor personally?
No, by its terms it addresses judgments confessed by virtue of a power of attorney, not personal confessions.
Where must the invalidating confession have occurred for this section to apply?
In the office of the clerk of any circuit court in the Commonwealth.
What is the consequence of noncompliance under this section?
The judgment confessed under the noncompliant power of attorney is not valid.
What article’s requirements does the power of attorney have to conform to?
The provisions of the article governing judgments by confession, which includes the execution, naming, and acknowledgment requirements found in §§ 8.01-435 through 8.01-440.
Amendment History
Code 1950, § 8-366; 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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