Chapter 17.1. Uniform Enforcement of Foreign Judgments Act · Last amended 1988 · Last verified July 16, 2026
In one sentenceThis section requires the judgment creditor to file an affidavit giving the debtor's last known address so the clerk can mail notice of the filing, but protects the creditor's ability to enforce the judgment even if the clerk's notice never arrives, as long as the creditor has filed proof that it mailed its own notice.
Full Text of § 8.01-465.3
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At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in the Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
Plain-English Summary
A debtor should not learn about a filed judgment only when a sheriff shows up to collect it. This section builds notice into the filing process. At the time of filing, the judgment creditor or lawyer must file an affidavit stating the name and last known post office address of both the judgment debtor and the judgment creditor.
The clerk then mails notice of the filing to the debtor at that address, notes the mailing in the docket, and includes the creditor's name and address — and the creditor's Virginia lawyer's name and address, if any — in what gets sent. The creditor is free to mail its own notice as a backstop and file proof that it did.
That backstop matters because the section builds in a safety valve for the creditor. If the clerk's notice never reaches the debtor, or never gets mailed, the enforcement proceedings still go forward as long as the creditor has filed proof of its own mailing.
Frequently Asked Questions
What must the affidavit filed with the foreign judgment contain?
The name and last known post office address of the judgment debtor, and the judgment creditor.
Who mails notice of the filing to the judgment debtor?
The clerk, promptly upon the filing of the judgment and affidavit, mailing notice to the debtor at the address given and noting the mailing in the docket.
Does the clerk's notice include the creditor's lawyer's contact information?
Yes, if the creditor has a lawyer in Virginia, the notice includes the name and post office address of the judgment creditor and that lawyer.
Can the judgment creditor send its own notice of filing in addition to the clerk's?
Yes, the creditor may mail a notice of the filing to the debtor and may file proof of mailing with the clerk.
What happens if the clerk fails to mail notice of the filing?
Lack of mailing notice by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
Amendment History
1988, c. 539.
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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