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§ 8.01-451.Judgments to be docketed and indexed in new names of judgment debtors; how execution may thereafter issue.

Chapter 17. Judgments and Decrees Generally · Article 5. Keeping of Docket Books; Execution Thereon; Disposal of Exhibits · Last amended 1998 · Last verified July 16, 2026

In one sentenceWhen a judgment debtor changes his name, the clerk must, on satisfactory proof, docket and index the judgment under the new name too, and execution may then issue against the debtor under his prior name, his new name, or both, a rule applying to judgments obtained before or after enactment.

Full Text of § 8.01-451

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Whenever there is a judgment docketed and indexed, as required by § 17.1-249, and thereafter a judgment debtor whose name is so recorded changes his name, whether by marriage, court order, by a voluntary assumption of a new name or otherwise, the clerk of the court in which the judgment was obtained, upon satisfactory proof that the judgment debtor has acquired a new name, shall docket and index the judgment in the new name. Execution may thereafter issue against the judgment debtor in the prior name, the new name, or both. The clerk may require the submission by any party interested in the judgment or by his duly authorized attorney or agent of a form similar to that set out in § 8.01-446.1 indicating that the judgment debtor has acquired a new name, and stating the new name. Such form shall constitute satisfactory proof of the new name. This section shall apply to all judgments obtained prior or subsequent to the enactment hereof.

Plain-English Summary

A judgment indexed under a debtor’s old name loses some of its bite if the debtor later changes names — searches under the new name would miss it. Section 8.01-451 keeps that from happening. When a docketed and indexed judgment debtor changes his name, whether through marriage, court order, voluntary assumption, or otherwise, the clerk of the court that rendered the judgment dockets and indexes it under the new name too, once satisfactory proof of the change is presented.

Once that second entry is made, execution is not locked into one name or the other. It may issue against the judgment debtor under the prior name, the new name, or both, giving the creditor flexibility regardless of which name the debtor is currently using or which name shows up on his assets.

Proof of the new name does not require a court proceeding of its own — the clerk may accept a form similar to the certificate set out in § 8.01-446.1 as satisfactory proof. And the section reaches backward as well as forward: it applies to judgments obtained before its enactment just as much as those obtained afterward.

Frequently Asked Questions

What triggers re-docketing a judgment under a new name?

The judgment debtor acquiring a new name, whether by marriage, court order, voluntary assumption of a new name, or otherwise.

Under which name can execution issue after the judgment is docketed in the new name?

The prior name, the new name, or both.

What proof does a clerk need before docketing a judgment under a debtor’s new name?

Satisfactory proof that the judgment debtor has acquired a new name, which can take the form of a document similar to the one described in § 8.01-446.1.

Does this section apply to judgments obtained before the section was enacted?

Yes, the section states it applies to all judgments obtained prior or subsequent to its enactment.

Who can submit the form proving the debtor’s name change?

Any party interested in the judgment, or his duly authorized attorney or agent.

Amendment History

Code 1950, § 8-378.1; 1950, p. 440; 1977, c. 617; 1998, c. 639.

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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